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Vacate Vs. Expungement

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clareaparis

Guest
What is the name of your state? Washington

Okay I've got a misdemeanor assult 3 charge back in 1999. I pled guilty and had a probation period and paid my $100 fee. I would like to know the best way to go about making it invisible. Vacate or Expungement? Or am I able to even apply for either one? I have not gotten any more convictions and am on a very straight and narrow path. I notice this conviction has effected my life, becoming a foster parent, looking for employment, etc. Help me please! I can't afford to find a lawyer, right now.
Any advice would be wonderful.
 


n_and

Member
You can apply to vacate your conviction unless one of the following applies:

The applicant has criminal charges pending in any state or federal court,
The conviction was a violent offense or an attempt to commit a violent offense ,
The conviction was a DUI, Physical Control, operating railroad under the influence, etc. ,
The conviction was a violation or attempted violation of RCW 9.68 (obscenity and pornography), RCW 9.68A(sexual exploitation of children), or RCW 9A.44 (sex offenses);
The offense was a Domestic Violence (DV) crime and any one of the following factors exist:
The applicant failed to give notice of petition to prosecutor that handled conviction,
The applicant has a prior DV conviction arising from a separate incident,
The applicant has made a false affidavit claiming no prior DV conviction,
Less than 5 years have elapsed since completion of the original conditions of the sentence, including financial obligations and successful completion of any treatment ordered,

For non DV offenses, less than 3 years have elapsed since completion of the terms of the sentence, including any financial obligations
The applicant committed a new crime in any jurisdiction since the date of conviction
The applicant has previously had the record of another conviction vacated

If you want info on expunging it, here:
www.kitsapgov.com/clerk/expunge.pdf
 
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clareaparis

Guest
Thank you for the information. Do you or anyone out there know for sure what's considered a violent offense? I'm thinking that is what disqualifies me. Assult 3?
 

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