Sealing an adult criminal record is not an automatic process. For those with criminal records to expunge or seal the record of a conviction, they must first ask the Washington courts to vacate the conviction. That process involves a thorough review to ensure the protection of the public and also compliance with Washington state laws. Those who qualify to vacate prior convictions can pursue post-conviction relief, including record sealing or expungement.
There are multiple rules restricting attempts to vacate criminal convictions and expunge records. Can people with driving under the influence (DUI) convictions in Washington vacate their convictions to pursue record sealing?
No, DUI convictions are not generally eligible, however…
Unfortunately for those with traditional driving under the influence convictions, state statutes do not currently allow them to vacate those offenses. However, Washington prosecutors frequently agree to plea bargains in DUI cases. If defendants worked with attorneys who secured a plea to a lesser offense, such as a wet reckless offense, it may be possible for the defendant’s lawyer to vacate that conviction. Awareness of the options for post-conviction relief can sometimes have an impact on the strategy used when responding initially to charges.
There may be other forms of relief available for those who cannot vacate a specific charge. Those with DUI convictions can still appeal if there were legal errors during a trial. They can also sometimes request resentencing.
Washington state law offers many post-conviction options for those who improve their circumstances after a criminal conviction. Consulting with an attorney familiar with vacating criminal records and pursuing post-conviction relief can help people to better understand their rights accordingly.