Expungement Lawyers in Washington
It’s called ‘The New Hope Act’ and that’s exactly what it does. The law was passed in mid-2019 to allow more people an opportunity to clear their criminal records and ‘start over'. It radically changed the laws regarding vacating criminal convictions.
It wasn’t well-publicized and was soon buried under COVID news. Most Google searches still hit on old law - which was much narrower and restrictive. So much so that a lot of people gave up hope.
The New Hope Act is great news for anyone trying to take the next step toward getting their life together and moving forward. A clear record, finally, with all the opportunities that come with it is at hand.
More convictions of more types and severity can now be expunged. Provided it’s done right.
There’s a lot of moving parts to the New Hope Act and many changes from previous expungement rules. The best place to start is to probably forget everything you think you know about expungement in Washington while ignoring most of what you may find on the internet.
Here are the facts about Expungements in Washington
The Certificate of discharge
Before you can begin the expungement process you must have a Certificate of Discharge. That certifies that you have completed all the conditions of your sentence.
The Court or the Department of Corrections was supposed to issue a COD when you completed your sentence. More times than not, unfortunately, this does not happen. If that is the case for you, you can try to get it yourself. The new rules make this relatively easy – you’re allowed to directly petition the court for the COD by providing proof that your sentence was completed.
If this proves difficult or you, understandably, don’t want to deal with the judicial system yourself, we can include this in our expungement package.
What Cannot be Expunged In Washington
There are some crimes that just cannot be expunged regardless of circumstances. They are:
Class A felonies- Felony DUI and Physical Control
- Violent Offenses against children
- Violent Offenses with a deadly weapon or sexual motivation enhancements
- Any assault conviction, regardless of the class or degree, where the victim was a law enforcement officer.
When Can My Conviction be Expunged?
If your conviction isn’t a Class A felony or one of the crimes listed above, you are eligible for expungement. The severity of the crime you were convicted for dictates how long you have to wait before applying.
If you’re not sure what class of felony you were convicted of, take a look at your Judgment & Sentence document. Look for the maximum sentence. If it’s 10 years, it was a Class B felony. If it’s 5 years, it was a Class C felony.
A Class B felony conviction is eligible for expungement ten years from the (a) the date you were sentenced; released from confinement; or released from Department of Corrections supervision - whichever happened last. And there have been no convictions of any kind during those ten years.
A Class C felony conviction is eligible for expungement five years from the (a) the date you were sentenced; released from confinement; or released from Department of Corrections supervision - whichever happened last And there have been no convictions of any kind during those five years.
Misdemeanor convictions are eligible for expungement after three years - five if it was a Domestic Violence conviction and you’re not currently subject to a No Contact Order and have not violated such an order in the last 5 years.
There are different rules for Class B, Class C, and Misdemeanors.
When Can My Conviction be Expunged?
Simply, every disadvantage that comes with a criminal conviction on your record is usually reversed. Being turned down for an apartment, a job, a promotion, a business loan, a security clearance, and so much more will no longer be an issue.
In a nutshell – it can change your life.
What To Do
To be clear, you could attempt to get an expungement yourself. The New Hope Statute can be easily found on the internet. The State of Washington has the relevant forms, with directions, on their website. You should know, however, that there are drawbacks – not the least of which are that it can get complicated fast in some courts and you are not your best advocate when faced with prosecutor resistance of any type. You are too close to the matter. Don’t go through this only to discover you have to start all over again.
You can, though, make the process go quicker if you have or can easily get your Certificate of Discharge.
Take the quiz below to determine if you are eligible for expungement. Then contact Knauss Law. We have the experience (and history of success) to guide you through the process, ensure that every ‘I’ is dotted, and the petition is detailed, complete, and ready for a judge’s signature.
Do it as soon as possible, once your record is expunged you’re a step away from a promotion or a better job; it’ll be easier to rent, bank, start a business; and much more.
A new world can open up – but it’s up to you to take the first step. Knauss Law is here to help, contact us as soon as you’re ready.
425-300-5566