Posted by Mitchell Jacobs on Mar 7, 2013
Vacating or expunging a negligent driving case in Washington can get tricky. The district attorneys often oppose these cases. Here are notes from an attorney who successfully argues for his client to have his misdemeanor for negligent driving (pled down from Driving Under The Influence) vacated (expunged):
Notes for hearing on motion to vacate (RCW. 9.96.060) a negligent driving (RCW 46.61.5249) conviction (misdemeanor) in Washington from eight years ago. The district attorney is opposing the motion to vacate on grounds that the petitioner is not eligible and must meet a 10-year waiting period.
NOTES FOR LEGAL ARGUMENTS THAT AFFECT ELIGIBLITY
The prosecution’s argument that Petitioner ineligible under 2 (c) requires two elements to be met, neither are met in this case.
First, the offense has to be a priorable under 46.61.5055. Petitioner’s offense is only a priorable under that section for 7 years. So, currently, it is not priorable. If I understand the prosecution’s argument, it is that section 61.502 can make it priorable if Petitioner has 3 more alcohol related offenses within the next 2 years, that is condition-precedent that has not occurred and therefore this single offense is not a priorable. Even if Petitioner were to get 3 related offenses in two years, the court granting this order would not affect the prosecution’s ability to use this offense as a prior.
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Posted by Mitchell Jacobs on Mar 6, 2013
The state of Washington allows the court to vacate certain non-violent misdemeanor convictions. Once vacated (expunged), the case is no longer deemed a conviction. State law gives you the right to exclaim to anyone, including prospective employers, that you were NOT convicted of that offense, after a vacate motion has been granted.
Not all offenses are eligible and you must meet a waiting period that starts from the time you complete your probation and pay all fines and restitution. Take the free online eligibility test to see if you are eligible. The waiting periods are:
- Class B Felony: 10 Years (Felonies before 7/1/1984 are not eligible)
- Class C Felony: 5 Years (Felonies before 7/1/1984 are not eligible)
- Domestic Violence: 5 Years (Must be the only conviction involving Domestic Violence)
- Misdemeanor: 3 Years
- Gross Misdemeanor: 3 Years
- Diversion/Deferred Judgment: 2 Years
- Sex offenses and DUI offenses are not eligible
- The typical case in Washington takes about 3 to 4 months. The courts operate on a first-come, first-served basis, so the sooner you start, the sooner your record is cleared.
You can try to consult with a professional law firm to find out more about how to clear your record:
Free Record Clearing Check
A professional law firm will make it so that you do not even have to show up in court. It is possible to have an attorney represent you in court so you can move on with your life without having to schedule in a court appearance.
RecordGone.com is a sponsor of this site.
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