Under Washington law, most misdemeanor and gross misdemeanor criminal conviction may be vacated (removed) by the court after a certain time period and under certain conditions. RCW 9.96.060(2).
However certain gross misdemeanor convictions are not eligible for vacation. These include convictions for DUI and sex offenses, RCW 9.96.060(2) (d) and (e).
To be eligible for vacation, the applicant must not have committed any new criminal offenses since the conviction for a certain period of time. That can range from three (3) years for most misdemeanor / gross misdemeanors, to five (5) years for Domestic Violence convictions, and ten (10) years for Reckless Driving, Negligent Driving 1° or Reckless Endangerment convictions that are reduced from an original DUI charge. RCW 9.96.060(2).
This time period runs from the time the applicant has completely complied with all the sentence terms / conditions (including payment of all fines / fees/ case costs) and completed the entire probation period imposed. RCW 9.96.060(2)
Call Lynnwood criminal defense lawyer Paul Hanson for more information about vacating an old criminal conviction. Call 425-778-7339.