Legal Question in Criminal Law in Washington

expunging a gross misdemeanor

I now live in san diego, california and was charged for a gross misdemeanor in everett, washington back in 2000. Is it possible for me to expunge the record with out going to a hearing because I don't live there anymore. And what forms I need to do so.


Asked on 10/14/08, 8:21 pm

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

Re: VACATING (rather than expunging) a gross misdemeanor

In Washington state, it may be possible to "vacate" a conviction and seal the court file. However, there is no authority to expunge, i.e. totally destroy, criminal conviction records.

The applicable statute is RCW 9.96.060, which you can view at leg.wa.gov by clicking on Laws and Rules, then clicking on RCWs. Review the statute to ensure your particular offense can be vacated.

You can find forms at www.courts.wa.gov under the "Forms" link.

You will need to contact the court where the case was filed to inquire whether the matter can be handled without appearing in court. If not, then an attorney can handle it for you without the need for you to travel back to Washington.

You can find a summary of this info on my website.

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Answered on 10/15/08, 12:42 am


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