Legal Question in Criminal Law in Washington

criminal record

I am having problems fing a job due to the criminal background check, is there any way to get this record sealed, pardoned or expunged?


Asked on 11/09/04, 2:07 am

2 Answers from Attorneys

Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: criminal record

yes ,but it depends on the type of conviction , the date , and the probations requirements.If you are in Washington I may be able to help you ,my phone is 360-676-1420

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Answered on 11/09/04, 9:02 am
Paul Ferris Law Office of Paul T. Ferris

Re: criminal record

Criminal convictions may be vacated, sealed, or pardoned, but may not be expunged absent extraordinary circumstances. These are four separate remedies.

The process is simple if you have only one criminal case (single or multiple charges). You can determine if you are eligible to have your conviction vacated or sealed by visiting www.washrecord.com, which offers a summary of applicable law.

The process is more complicated if there are multiple convictions from several cases. If there are misdemeanors and felonies, the misdemeanor must be vacated first. If there are more multiple misdemeanors, you can only vacate the most recent conviction. Not all crimes may be vacated, e.g. DUI, crimes against persons.

An offender who has a conviction sealed or vacated may state for all purposes, including applications for employment, that s/he has not been convicted of the offense. Be advised that vacating a conviction does not destroy the file or prohibit public inspection of the court file. It does prohibit law enforcement agencies from disseminating conviction information. A prosepective employer could still discover the record from a private "background check" company's database or by searching state court records. Still, your status would no longer be "convicted".

A pardon does not affect your record - you are still convicted of the offense; however, you are relieved from any penalties resulting from the conviction.

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Answered on 11/09/04, 12:23 pm


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