In Washington State, individuals who have been convicted of misdemeanor or gross misdemeanor offenses may have an opportunity to clear their criminal records through a legal process called “vacation of conviction.” RCW 9.96.060 outlines the specific conditions and limitations for vacating misdemeanor and gross misdemeanor convictions. Successfully vacating a conviction can help people move forward by removing certain barriers related to employment, housing, and other areas of life. However, not all offenses qualify for vacation, and the process requires meeting specific legal requirements.
What is RCW 9.96.060?
RCW 9.96.060 is a Washington statute that allows eligible individuals to apply to the sentencing court for the vacation of their misdemeanor or gross misdemeanor convictions. This statute provides a second chance for those who have completed all conditions of their sentence and remained crime-free for a designated period of time. If the court grants the vacation, the record of conviction is effectively removed, and the person can lawfully state that they have never been convicted of the offense.
Who Qualifies to Vacate a Conviction?
Under RCW 9.96.060, every person convicted of a misdemeanor or gross misdemeanor offense may apply to vacate their conviction if they meet specific requirements. However, the law also includes several exclusions and conditions. For instance:
- Completion of Sentence Requirements: The applicant must have completed all terms of their sentence, including probation, jail time, and financial obligations.
- No Pending Criminal Charges: The applicant must not have any pending criminal charges in Washington State, another state, or any federal or tribal court at the time of the application.
- Exclusion for Violent Offenses and Certain Crimes: Individuals convicted of violent offenses, sexual offenses, or domestic violence charges, as defined by the statute, are not eligible to vacate their records.
- DUI Convictions: Convictions for DUI under RCW 46.61.502 and physical control violations under RCW 46.61.504 cannot be vacated, except in very specific circumstances involving prior offenses and timelines.
If you’re specifically interested in learning about vacating a DUI conviction, read this detailed article about DUI Conviction Vacation Under Washington Law RCW 9.96.060.
Benefits of Vacating a Conviction
Vacating a conviction has significant advantages. Once the record is vacated, the individual is released from all penalties and disabilities resulting from the offense. This means the person can state legally that they have never been convicted of the crime, and the conviction will not appear on their record during background checks. For many, this is a major step toward a fresh start, allowing for better opportunities in employment, housing, and more.
Restrictions on Conviction Vacations
Even if a person meets the basic requirements, there are other considerations. For example, the court will look at:
- Whether the offense involved domestic violence.
- Whether the applicant has had other convictions.
- If a no-contact order or protection order is currently in place.
The process also has specific waiting periods depending on the type of conviction. For a non-domestic violence-related misdemeanor, the applicant must have been free of any new criminal convictions for at least three years after completing their sentence. For domestic violence-related misdemeanors, a minimum of five years must have passed.
The Legal Process for Vacating a Conviction
The first step in vacating a conviction is filing a petition with the court. The petition should include documentation showing that all terms of the sentence have been completed. The prosecuting attorney’s office is notified, and a hearing is scheduled where the judge reviews the case. If the judge determines that the applicant meets all legal requirements and there are no objections, the court may grant the vacation, clearing the record.
Why You Should Consult Blanford Law
If you’re considering vacating a misdemeanor or gross misdemeanor conviction, it’s crucial to understand the complex legal requirements outlined in RCW 9.96.060. At Blanford Law, we have extensive experience in helping clients navigate the legal process for vacating convictions and clearing their criminal records. We will review your case, advise you on eligibility, and guide you through every step to maximize your chances of success.
Contact Blanford Law today at 253-720-9304 or email info@blanfordlaw.com to discuss your case. We offer dedicated legal services to help you move forward with confidence. You can also check out our client reviews to see how we’ve successfully assisted others in their legal journeys.
Moving Forward After a Vacated Conviction
Clearing a criminal record can be life-changing. It not only helps remove barriers to employment and housing but also restores peace of mind and confidence. If you’re ready to take the next step, the team at Blanford Law is here to provide expert legal guidance and support.
For more detailed information on DUI conviction vacations, you can also read our article on DUI Conviction Vacation Under Washington Law RCW 9.96.060.
Additional Resources
1. DUI Conviction Vacation Under RCW 9.96.060
Learn the requirements and limitations for vacating a DUI conviction under Washington law.
2. RCW 10.19.105: Vacating Forfeiture Judgments
This guide explains the process and legal standards for vacating forfeiture judgments in Washington.
3. The Balles Case and the Blake Decision
An appellate case that explores how Washington courts are handling resentencing under the Blake ruling.
4. Misdemeanors vs. Gross Misdemeanors in Washington
A breakdown of the legal distinctions and consequences of misdemeanors and gross misdemeanors.
5. State v. Olsen: Guilty Plea After Blake
Covers the Washington Supreme Court’s ruling on guilty pleas in light of the Blake decision.