Vacate Misdemeanor and Gross Misdemeanor Conviction Expungement Checklist

HOW DO I DETERMINE IF I AM ELIGIBLE FOR RELIEF UNDER WASHINGTON LAW?

A simple way to determine if you qualify to have your conviction set aside is to review the requirement checklist of Washington Revised Code 9.94A.640.*

  • Do you have any criminal charges currently pending against you in any court?
  • Have you been convicted of a new crime in this state, or any other state since the date you were sentenced on the offense you wish to have vacated?
  • Have you ever had the record of another misdemeanor conviction vacated?
  • Have you been restrained within the past 5 years by a domestic violence protection order or similar restraining order?
  • Is the conviction you are seeking to have vacated one of the following crimes:
    • Driving While Under the Influence (“DUI”), RCW 46.61.502
    • Actual Physical Control While Under the Influence RCW 46.61.504
    • Operating a Railroad, etc, While Intoxicated, RCW 9.91.020
    • Sex Offenses , 9A.44 RCW
    • Obscenity and pornography, 9.68 RCW
    • Sexual Exploitation of Children, 9.68A RCW
    • A Violent Offense or an Attempt to Commit a Violent Offense, RCW 9.94A.030

If you answered NO to all of these questions, you are eligible to seek relief under Washington law.


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