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Record Expungement for DUI

Posted Thursday, February 22, 2018 by Lizanne Padula.

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Having a criminal conviction on your record can affect you in numerous ways―from getting a job to traveling to Canada. In Washington State it is possible to get certain convictions vacated or expunged from your record. When a conviction is vacated or expunged it will no longer be included on your criminal history report.

No Record Expungement for DUI

Washington law does not allow expungement of convictions for Driving Under the Influence (RCW 46.61.502) or for Physical Control of Vehicle Under the Influence (RCW 46.61.504).

Regardless of how much time has passed since conviction, convictions for DUI or Physical Control cannot be vacated. (RCW 9.96.060(2)(c)).

However, a conviction for Driver Under Twenty-One Consuming Alcohol or Marijuana (considered a “Minor DUI”) may be expunged.

Record Expungement for Lesser Charges and DUI Related Charges

Washington law allows for expungement of certain misdemeanor or gross misdemeanor convictions. If you were charged with DUI but convicted or pleaded guilty to a lesser charge, you may be able to get that conviction vacated.

Under specific circumstances it is possible to expunge convictions for Negligent Driving in the First Degree, Reckless Driving, Reckless Endangerment, and for Operating certain other motor vehicles Under the Influence, like a boat, snowmobile, or non-highway vehicle.

Eligibility for Record Expungement

The court may in its discretion vacate the record of a conviction for qualifying misdemeanor and gross misdemeanor offenses so long as:

• There are no criminal charges pending against you in any court of Washington State, or another state, or in any federal court.

• You have not been convicted of a new crime in state or federal court since the date of sentencing for the crime you are asking the court to vacate.

• You have never had the record of another misdemeanor or gross misdemeanor conviction vacated.

• You do not currently have a restraining order against you, and you have not been restrained within the past five years by a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order. (RCW 9.96.060).

After the Court Vacates a Record of Conviction

Once the court vacates your conviction you are “released from all penalties and disabilities resulting from the offense.” The conviction will no longer be included in your criminal history. You would be lawfully able to state that you were not convicted of the expunged crime on employment or housing applications. (RCW 9.96.060(5)(a)).

The skilled attorneys at Padula & Associates, LLC can help you through the legal process of asking the court to vacate a previous conviction. We invite you to come meet with us for a free consultation to explore how we can help you. Call us at 425-883-3366 of fill out this simple web form.

For more than 20 years, Padula & Associates, LLC has been serving those in King County, Snohomish County, and throughout Washington State with aggressive criminal defense services.