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CRIMINAL RECORD REMOVAL 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 official Washington State criminal record indefinitely. Only when a legal legal motion (request) to vacate (remove) the conviction is brought later on under RCW 9.96.060 can the criminal conviction be removed. This can be done only after a certain time period as elapsed. For most criminal misdemeanor & gross misdemeanor convictions, the time period is usually 3 to 5 years after the court sentence / probation period 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 and housing applications that he/she has never had a criminal record.
Under RCW 9.96.060, almost all convictions for misdemeanor and gross misdemeanors can be vacated. However, convictions for DUIs and certain misdemeanor sex crimes cannot be vacated.
Police 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. Or when any filed criminal charge is quickly dismissed. Such nonconviction data is held by Washington State law enforcement indefinitely. Both local arresting police agencies & the Washington State Patrol Criminal History Section in Olympia, WA retain this 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 filed within 3 years of the date of the arrest, or over 2 years have since dismissal of the charge.
The website for the Washington State Criminal History Section is www.wsp.wa.gov/crime/criminal-history.com.
Police nonconviction data (arrest 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 an old criminal record or an old police arrest/charge history. He'll help you vacate your old court conviction and/or expunge your old police arrest records, fingerprints, photos and other nonconviction data. He is a former Lynnwood City Prosecutor with over 37 years of criminal law experience.
Call Lynnwood criminal defense attorney Paul Hanson at (425) 778-7339 for more information.