Many people incorrectly believe that expungement and vacation of convictions refers to the same process. Expungement refers to the removal of non-conviction data from criminal records. Vacating a conviction refers to the court reversing a conviction and dismissing the charge, effectively treating the conviction as if it never occurred.
The legal mechanism of a vacation is a two-step process. The first step is to either withdraw a plea of guilty or set aside a finding of guilt after a trial. The second step is having the court dismiss the charge.
Eligibility for Vacation
The eligibility for a vacation of conviction depends on the nature of the conviction, the time passed since the conviction, and the absence or time passed of other criminal convictions.
The time period to vacate a misdemeanor is generally three years from the completion of the sentence. The time period to vacate a felony ranges from five to ten years from the completion of the sentence.
Sealing Juvenile Records
Unlike a vacation of conviction, the sealing of the record seals the court file so that no one may examine it. This essentially wipes the conviction from the public record, but the record may be available to unseal by a prosecutor in the event of the charging of an adult felony.
Since 2021, juvenile records automatically seal upon the latest of the following: a person turning 18 years of age, anticipated end date of probation, or anticipated release from detention. The hearing to administratively seal a juvenile record is set, in advance, at the disposition hearing of a juvenile offender. The juvenile’s presence is not requested at the administrative hearing to seal.
There are a few juvenile offenses which are not eligible for seal; a most serious offense as defined in RCW 9.94A.030, a sex offense, or a drug offense as defined in RCW 9.94A.030.
If a person has a qualifying juvenile offense prior to 2021, affirmative steps may need to be taken by the respondent, or their attorney, to seal a juvenile record. This is a legal mechanism that every eligible person with a juvenile conviction should utilize. Morgan Law can help petition the court to seal a juvenile record, ensuring that the past does not create unnecessary barriers to the future.