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SEALING UPDATE - posted 3/9/06
The Washington State Supreme Court has just approved a
new rule relaxing the rules on sealing court files.
See below for more information.
Expungement/Vacating/Record clearing
Washington law allows people to
clear their criminal record in many circumstances, a process called
expunging, vacating and/or
sealing a conviction. This procedure often results in the
"undoing" of a criminal conviction. If your conviction is
expunged or vacated, you will be legally able to tell employers,
landlords, and everyone else that you have never been
convicted of a crime. Your criminal record will not be
disclosed to anyone who runs a criminal background check
with the Washington State Patrol, local police agencies, or
the court system.
There is generally a waiting period before you can apply to
expunge or vacate a record, and this waiting period varies from a few years
to over 10 years (for the specifics, see RCW
9.96,
9.94A,
10.97, and
13.50). This process allows people who have made mistakes
to clear their record, and to rehabilitate their lives and reputations.
For adult convictions, Washington law generally only allows you to
vacate or expunge you latest conviction. Please
call or email us to determine if
you're eligible, and also feel free to view our
vacation information
page. We strongly encourage you to run your official
criminal record at the
Washington State Patrol's web site for $10.00 before
contacting us. This will allow us to give you more
accurate advice.
We have also had
great success in getting our clients' court records
sealed. Many other attorneys do not take this
extra step when trying to clear someone's record. We
feel it is important to seal all court records
because most internet background searches query the
Washington State Court computers, known as DISCIS and SCOMIS.
While this process is slightly more complicated than simply
expunging or vacating a conviction, it is almost
always worth the extra effort. We are very familiar
with the laws on
sealing records, and we are happy to
provide you references of past clients whose records we have
sealed. Sealing Juvenile
Convictions
Washington law
allows people with past juvenile convictions to
seal,
vacate, and/or expunge their records. Through this
process, you can undo multiple convictions, prevent employers from
finding out about convictions, hide juvenile social service
agency files, and possibly have certain records destroyed.
If you were convicted of a juvenile crime that was not a sex
offense, and you have been crime free for any two
year period after your conviction, and you don't have any
charges currently pending against you, you may be eligible
to expunge your conviction. Feel free to fill out
this form to get more information.
Police recordsWe can tell you if you are eligible for expungement and
help you through the process. Once your case is expunged, we
will follow through with local police agencies, the
Washington State Patrol, the court system, and even the FBI
to make sure your record has been cleared and sealed. We
have handled many expungements and are very familiar with
the requirements and the process.
Firearm/Gun Rights
We also have experience handling restoration of firearm
rights and voting rights:
Firearm Rights - Felony
If you were convicted of a Class B or C felony in
Washington, and it has been more than 5 years since you were
convicted or released from jail, and you don't have any charges
currently pending against you, you may be eligible to have
your firearm rights restored.
Firearm Rights - Misdemeanor
If you were convicted of a misdemeanor in Washington that
caused you to lose your right to possess a firearm, and it
has been more than 3 years since you completed the terms of
your sentence (including paying the fine), and you don't
have any charges currently pending against you, you may be eligible
to have your firearm rights restored.
Voting Rights
We have successfully restored many of our clients' right
to vote in Washington after felony convictions. If you
are interested in restoring your right to vote, please call
or email us.
Sex Offender Registration
We are one of very few firms who will consider helping
those convicted of sex offenses to apply to end their
registration requirements. If you have been convicted
of a sex offense that requires you to register as a sex
offender, and it has been at least 10 years since you were
released from confinement, please
contact us.
Recent Results of Note
- We haven't posted anything in a while. We have
had great success over the past several months getting
convictions vacated and sealed. For example, a
client's Whatcom county conviction for theft was vacated and sealed after a contested motion hearing in August.
Another client's 1981 conviction for assault in King
County was vacated in August as well, and the motion to
seal that client's conviction is going to be heard in late
September. This vacation
order allowed the client to start a new job as an
executive in a well known Seattle company. In late July/early August, we had a
client's conviction for Reckless Driving vacated and sealed in the King County District court. In July,
we unfortunately lost a motion to have a client's sex
offense vacated, and we are now working on a
sealing motion for the client. (We publish the success and
failures too here in an effort to show, that while we try
very hard to win every case, we cannot guarantee what will
happen in any particular case. This judge felt the
nature of the offense and the law did not allow him to
vacate the conviction.)
- In the last few months, we have won a
hotly contested motion to vacated and
seal a juvenile sex
offender's file, as well as remove the requirement that
the offender register. In the process, we also
avoided a new charge of failing to register as a sex
offender for our client. We have also restored
several client's firearm rights in King and Snohomish
Counties, which allowed one client to take an over-seas
dream hunting vacation he would not have otherwise been
able to take. Finally, we assisted one client in
getting into Canada. This client wrote us a nice
note which stated,
- "I had my deferred prosecution revoked for a DUI in
February 2005. I was turned back at the Canadian border in
December 2005 on a random check that revealed my DUI
conviction. I was referred to Steve Rosen by another
attorney. Steve prepared a packet with all the documents
required to apply for a temporary residency permit through
Canadian Immigrations. He advised me on the proper
procedures with Canadian Immigrations and in 6 months, I
was issued the temporary residency permit to legally enter
Canada. The Immigrations Agent remarked that he was
impressed with the organized and complete packet of
documents I had presented. The process could have taken as
long as 18 months and there was no guarantee I would be
granted permission to enter Canada. I truly believe
Steve's advice and attention to detail made the difference."
- The Washington State Supreme Court has just adopted a
new rule on sealing court records.
We expect that this new rule will make more people
eligible to have their files sealed,
and judges more willing to seal
records. For the complete text of the new rule,
click here. This rule will
become effective on July 1, 2006.
- In February
2006, we had two convictions for Minor Driving A Vehicle
After Consuming Liquor vacated and
sealed in the Whitman
County District Court. This was a huge victory
because Washington Law does not allow convictions for DUI
to be vacated, and we were still able to convince the
judge in this case to vacate and seal this similar
conviction.
- In January
2006, we had convictions expunged in the Seattle Municipal
Court for a client who was charged with a prostitution
related offense. Because of this result, there are
no longer any records in existence regarding this charge.
- In December of 2005, we had convictions
vacated and sealed
in King County for two clients. The King County judge
who vacated and sealed these convictions for Assault and
Theft stated that this was the first time in his long career
that he has ever sealed a conviction.
We are very proud of our advocacy in these cases.
- In December of 2005, we had a client's firearm rights
restored in Pierce County. The prosecutor strongly objected to our client getting his right
to hunt and carry a firearm back due to his past drug
conviction. The prosecutor had
convinced a judge in another case a week before our
hearing that Washington law did not allow people with any
drug convictions to regain their firearm rights.
However, when we appeared and explained Washington's
firearm laws, the prosecutor was unsuccessful in
blocking our client's firearm restoration.
- In November of 2005, we assisted two clients in
getting their voting rights restored. Many people in
Washington are concerned about their voting rights after
the 2004 election which received international attention
because it was so close. During the post election
litigation, hundreds of people were accused of voting
illegally.
- In October of 2005, we assisted a young man who had
just received his GED in vacating
and sealing an adult conviction
for Criminal Trespass and a juvenile conviction for
Robbery Second Degree. Both of these orders included
language which prohibited any law enforcement agency, such
as the Department of Corrections, the Washington State
Patrol, and the local police department from releasing any
information about this young man.
(The specific details of these cases have been withheld
to protect our clients' privacy. Redacted court orders
are available upon request.)
Legislative update
The Washington
State Supreme Court is considering revising
General Rule 15.
These revisions will make it easier to
seal court records
after vacating a conviction. I have proposed several
revisions to the proposed rules in the hopes of making this
rule change even more beneficial for those seeking to seal
their records. Feel free to email me if you would like an update on the current
status of the changes. (updated 12/05)
The Washington State
Legislature considered many bills during the last
session that may
increase your ability to have records expunged, sealed, and
vacated, and lessen the requirements for you to restore your
firearm rights. Please contact your
State Senators and
Representatives to voice your support for HB
1819, HB
1829, HB
2087 and SB
5635 in future legislative sessions. We are led to
believe that similar bills may be introduced in the future.
Thanks. (updated 10/05)
Steve
Rosen Attorney at Law 800 5th Avenue, 40th Floor Seattle, WA 98104
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