Archive for May, 2011
Expungement ?An Easy To Understand Overview Of The Process For Clearing Your Criminal Record In Washington State
May 31st, 2011 | 
Author: If you have a criminal conviction or arrest record in Washington State, then you might already be familiar with the many ways the record can inconveniently affect you. From employment -not getting the promotion or job you want, to not qualifying for a loan, not being able to rent an apartment, and a variety of other embarrassing situations. An expungement of the criminal record might be the right answer for you to clear your name.
Expungement of criminal records is not easily understood. If you have searched on the Internet for any amount of time, you already know there is quite a bit of misinformation about expungements. While the term “expungement” is widely used to describe clearing your criminal record, “expungement” does have a specific legal meaning. Even so, on my website I do refer to the expungement process generically because it is the term most people are familiar with.
In Washington State, expungement of an actual criminal conviction is called Vacating the Criminal Conviction. However, Expungement actually refers to destroying a criminal record that contains only “non-conviction data”. Non-conviction data refers to a criminal record where you were not convicted. This could be an arrest where no charges were filed, or a situation where charges were filed but dismissed outright. Non-conviction data does not include a dismissal of charges if the dismissal followed a deferred sentence.
Many people I’ve helped expunge a criminal record are confused about this point -and understandably so. In Washington State, courts sometimes defer a sentence after a person pleads guilty to a misdemeanor. In this situation, the person pleading guilty must complete certain conditions, and when the conditions are successfully completed the court dismisses the conviction. But here is where the confusion arises. The charge is dismissed, but the conviction continues to show on the person’s record. So, in other words, the charge is dismissed but doesn’t go away.
With an actual criminal conviction, expungement is technically not available. Instead, in Washington State the criminal conviction must be vacated.
Expungement of non-conviction data is a relatively simple process. A request in the proper form is made to the law enforcement agency that made the arrest, and to the Washington State Patrol which keeps the official record. When the expungement is complete, the record is destroyed and no longer shows in the database. The expungement request can be declined by the law enforcement agency if you have a subsequent arrest or criminal charge.
A criminal conviction is removed from the record when a court enters an Order Vacating the conviction. The result is very similar to an expungement. The conviction no longer shows in the database, however the court file continues to exist. There is no law in Washington State that permits destruction, or expungement, of a court file. Even sealing the file does not expunge the file. Sealing removes the file from public inspection, but the file still exists in the court.
While the expungement process sometimes appears confusing, it really is not. As you can see in this article, Expungement refers to deleting non-conviction data such as an arrest record. A criminal conviction must be vacated by a court. After it is vacated, Washington State law permits a person to state he or she has never been convicted of a crime. With either expungement or vacating, after the process is complete a person can put away an unhappy and sometimes embarrassing chapter of his or her life.
Originally published here.
Douglas Stratemeyer
Posted in 
What to expect after an expungement in California – Expunge Your Criminal Records
Please visit us at www.RecordGone.com Criminal Defense Attorney Jennifer Strange talks about what to expect after an Expungement of Criminal Records in California. In this video we answer common questions our clients have after successfully expunging their convictions. If you are looking to have your criminal record removed please take our online Free Eligibility Test.
How Long Does a DUI Stay on Your Record? Learn the Truth & Secrets to Fix It!
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How Long Does a DUI Stay on Your Record? Learn the Truth & Secrets to Fix It!
By: Drew B. Spaeth
Posted: Sep 25, 2009
Views: 1,107
If you’ve been asking yourself the question how long does a DUI stay on your record, the answer can vary widely depending on the state your DUI occurred in. Fortunately there are things you can do to expunge your record or reduce the severity of the DUI’s effects in states that forbid expungement.
The first thing you should understand is that DUI is a political crime that carries a stigma. Local governments make huge amounts of money from this crime & they also feel immense pressure from private entities like Mothers Against Drunk Driving.
Putting your faith in the legal system & accepting the hand you’ve been dealt may not be in your best interest. Doing this will serve the political & economic interests of the government & various pressure groups that are looking out for THEIR own interest.
Read more articles
What To Do With A Second DUI
Consequences of Getting a DUI
Dui Arrest – Five Things Not To Do
How File Destruction Affects Criminal Record Checks
By taking responsibility for your rights & learning all you can about the DUI process, you can learn how long does a DUI stay on your record in your state & take steps to look after YOUR best interests.
DUI offenses are 1 of the very few types of misdemeanor where the punishment can last for almost a lifetime. The answer to the question how long does a DUI stay on your record will vary from state to state. The record can stick like glue for 7-10 years, or even for life. Some states allow for expungement, & some do not. Even in states where expungement is not an option, there are legal steps you can take to create the same effect as an actual expungement.
Once you learn the answer to the question how long does a DUI stay on your record, you can take steps to educate yourself on how to legally erase that black mark for good. You will be able to pass a background check without problem, even if your DUI happened in a state that does not allow for expungement!
Drew B. Spaeth – About the Author:
Don’t let your DUI charge be the Scarlet Letter that limits your job opportunities & costs you thousands of extra dollars in car insurance premiums! Arm yourself with the facts you need on how to beat a dui or seriously reduce the effects it has on your life. Go to www.clearduirecord.info to get your FREE DUI Strategies report outlining what you can do to reduce or completely reverse the adverse effects you DUI will have on your life!
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