If you have made it to this blog then you've reached the right place. I'm going to tell you what three qualities you can expect to find in any good expungement lawyer, whether they are from Washington, from Seattle, or from anywhere else in the country. So pay attention, and hope this helps!
1. A Good Expungement Lawyer Won't Promise You the World
Here's the bottom line. There is probably at least a 50% chance that your old conviction cannot be expunged. It's not that it can't ever be expunged, it's just that at this point in time your conviction is just eligible to be taken care of. There are a lot of hurdles to jump through, from having a conviction that qualifies to having had enough time pass from the time of the resolution of your case. A good expungement attorney knows this, will tell you this, and will do a little bit of digging before making you pay a lot of money to try to get your conviction vacated.
2. A Good Expungement Attorney Will Tell it To You Straight
Not everyone that is eligible to have their conviction removed from their record will succeed in doing so. The decision of whether or not to wipe away a conviction is completely up the judge. It is within their discretion, as we like to say. That means there are no clear cut rules for have a motion to vacate a charge granted. If you are eligible, the judge can do it if they decide they want to do it. All your expungement lawyer can do for you is try to present you in the best light possible to get the judge to see it your way.
3. A Good Expungement Lawyer Will Tell You What You're Really Getting
The purpose of an expungement is to clear your criminal record. And that's what will happen if you are successful, sort of. What the good lawyers will tell you is that even though the court's records may be free from conviction data for you, there may be other places that data exists that are next to impossible to raid. The main place I'm talking about is the internet.
Now, that doesn't mean that you should just give up. Although information never leaves the internet, it can, and does, get buried so deep in the mass of information that it is often impossible to find if you are looking for it. But it can be out there, and it's important that you understand that.
Good luck!
Showing posts with label Seattle expungement attorney. Show all posts
Showing posts with label Seattle expungement attorney. Show all posts
Wednesday
Can You Expunge a Washington State DUI?
One of the questions we get all the time is, "Can I expunge my Washington State DUI?" And the reason is simple, for most people who have any kind of criminal record, this is it. A DUI can happen to anyone at anytime, and it only takes one bad decision to have something on your criminal record following you around.
The sad thing is, though, that no matter how many Washington expungement lawyers you talk to, they are all going to tell you the same thing - Washington State DUIs are not expungeable or vacatable. You cannot expunge or vacate a DUI from your record in Washington State. Period.
The rules regarding this are controlled by statute. RCW 9.96.060(2)(c) clearly states:
There are a couple of reasons for this, though they are probably of no relevance to you. First, misdemeanor convictions are expungeable after 3 years have elapsed since your criminal case was complete. But, with DUIs, they must remain on your record for at least 7 years, since that is the time period within which a previous DUI may be used against you. Most judges are remiss to vacate a DUI conviction because they want it to be visible on a criminal history if you EVER get in trouble. But that doesn't mean your Washington expungement lawyer can't give it a shot. If we can show there is a great hardship because of this on your record, it is possible that it might get expunged.
In the end, sadly, the answer generally to this question is no. But you can't know for sure. If you think you may qualify to have your DUI or other criminal conviction expunged, call a Washington expungement lawyer. They can take a look at your specific situation and give you an analysis of your eligibility.
The sad thing is, though, that no matter how many Washington expungement lawyers you talk to, they are all going to tell you the same thing - Washington State DUIs are not expungeable or vacatable. You cannot expunge or vacate a DUI from your record in Washington State. Period.
The rules regarding this are controlled by statute. RCW 9.96.060(2)(c) clearly states:
An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present: (c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), or 9.91.020 (operating a railroad, etc. while intoxicated);Sadly this means you can never have a DUI conviction vacated or expunged (though you may be able to have a lesser crime pled to in lieu of a DUI (reckless driving or negligent driving 1st degree) if you can convince the judge to do it).
There are a couple of reasons for this, though they are probably of no relevance to you. First, misdemeanor convictions are expungeable after 3 years have elapsed since your criminal case was complete. But, with DUIs, they must remain on your record for at least 7 years, since that is the time period within which a previous DUI may be used against you. Most judges are remiss to vacate a DUI conviction because they want it to be visible on a criminal history if you EVER get in trouble. But that doesn't mean your Washington expungement lawyer can't give it a shot. If we can show there is a great hardship because of this on your record, it is possible that it might get expunged.
In the end, sadly, the answer generally to this question is no. But you can't know for sure. If you think you may qualify to have your DUI or other criminal conviction expunged, call a Washington expungement lawyer. They can take a look at your specific situation and give you an analysis of your eligibility.
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