It is possible to vacate some misdemeanor charges under Washington state law. However, not all offenders will qualify, and not all charges can be vacated.
As such, people need to understand the criteria that must be met to qualify. Below are four important criteria to keep in mind as you begin looking into your options.
1. A completed sentence
First and foremost, the offender needs to have completed all the terms of the sentence. This could include incarceration, paying fines, paying financial restitution to the victim and more. Additionally, three years need to have passed since they completed this process.
2. No new charges
Next, the person cannot have any charges pending against them. They also cannot have been convicted of another crime under either federal or state law. They must have truly put criminal activity behind them.
3. No restraining orders
Furthermore, the court will check to see if the person has been accused of domestic violence. They do not qualify for having their record vacated if they are under a restraining order, a domestic violence protection order, an anti-harassment order or a no-contact order.
4. No previous violations
Furthermore, the court can check to see if the person had such a restraining order over the last five years. They are only eligible if they did not violate that order, even if it has since expired or been lifted. They must have upheld the terms of the order.
Exploring your legal options
These are four important criteria to keep in mind, but every case and every charge is unique. If you are interested in having a misdemeanor vacated in Washington, it can be very helpful to work with an experienced attorney.