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CRIMINAL RECORD EXPUNGE INFORMATION
A criminal record occurs whenever a person is convicted of a criminal offense by a court. The criminal conviction will usually always remain on the person's state criminal record until a legal motion (request) to vacate conviction is brought under RCW 9.96.060 before the same court after a certain time period. For most criminal misdemeanor & gross misdemeanor convictions, the time period is usually 3 to 5 years after court probation ends and after all financial obligations owed to the court have been fully satisfied. And there must not be any new criminal convictions / charges / arrests since the conviction sought to be vacated. If all these preconditions are met, most municipal & district courts will usually grant motions to vacate a criminal conviction. That results in the person no longer having a criminal record for that particular conviction.
A person whose criminal conviction is vacated may lawfully state on future job applications that he/she has never had a criminal record.
Under RCW 9.96.060, a person is limited to only one vacation of a misdemeanor criminal conviction. Convictions for DUIs and certain misdemeanor sex crimes cannot be vacated.
Nonconviction data (police arrest records, jail booking records, fingerprints /photos (mugshots) records, etc) occur whenever a person is arrested/jailed but no criminal charges are ever filed in court. Such nonconviction data are held by Washington State law enforcement agencies for many years. Local arresting police agencies & the Washington State Patrol Criminal History Section in Olympia, WA both retain nonconviction data.
Under RCW 10.97.060 and WAC 446-16-025, persons may make written requests to expunge/delete such police nonconviction data. These requests must be made to both the local arresting police agency and to the Washington State Patrol Criminal History Section in Olympia,WA. Such requests will usually be granted if there have been no charges within two years of the nonconviction data sought to be deleted, and over 3 years have passed since the date of the old arrest.
The website for the Washington State Criminal History Section is http://www.wsp.wa.gov/crime/crimhist.htm.
Nonconviction data, like criminal conviction records, can also be used by landlords to deny rental housing / apartments and by employers to deny job applications, job promotions, etc.
Protect your job and future. Call Lynnwood criminal record expungement lawyer attorney Paul Hanson to help you clear your old court criminal record and old police criminal history. He'll help vacate you vacate old court criminal convictions and expunge/delete old police criminal history, arrest records, fingerprints, photos and other nonconviction data. He is a former Lynnwood Prosecutor with over 36 years of criminal law experience.