There are many ways to address past criminal records and related documents. People often want to explore their options as they move forward with their lives, as a criminal record may make it harder to find employment and take other crucial steps.
One of the most important details is that the person has to exhibit changed behavior. For instance, under RCW 10.97.060, it is possible for some criminal history records to be deleted. However, two of the qualifications are that the person has not been convicted of either a felony or a gross misdemeanor and that they have not even been arrested or charged with a subsequent crime. If they have faced new criminal accusations, it can make it impossible for them to have those records deleted, even though the two events themselves may be unrelated.
Vacating a felony conviction
The same thing is true when someone is seeking to vacate a felony conviction, which can be done under RCW 9.94A.640. Even when the original felony qualifies for vacation, there may not be any criminal charges pending against that individual, whether in federal court or state court.
Likewise, when vacating misdemeanor convictions, not only does the person need to have completed the terms of their sentence, but they also cannot have been charged with any new crimes. Even if there are just pending charges at the state or federal level, this can make vacation of the original misdemeanor impossible.
Exploring your options
Vacating convictions, sealing records or deleting information are all potential possibilities, depending on the original charge and an individual’s goals moving forward. But it is very important for them to understand exactly what will be required in order to utilize these options, and it can help to work with an experienced attorney.