Legal Question in Criminal Law in Washington

I would like to start the paperwork to have my class c felony vacated. My supervision was officially completed on January 2nd, 2006, so it's been slightly over 5 years as is required. My question stems from this, my Certificate of Discharge wasn't signed by a judge until April 5th, 2006. Can I apply to vacate now or do I have to wait until April 5th, when the Certificate was signed? I'm doing this myself so any help would be greatly appreciated!


Asked on 1/08/11, 4:04 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

When you file the motion to vacate, you should file along with it a supplemental motion to amend the effective date of the certificate of discharge. Recent appellate decisions (e.g., State v. Johnson) have held that the court is obligated to discharge a defendant upon receiving notice that all of the conditions of the judgment and sentence have been fulfilled.

If you are scheduling a hearing on the motion to vacate, both issues can be handled at the same time.

Read more
Answered on 1/13/11, 4:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Washington