3rd degree assault charge off in 5 years?

Asked 10 months ago - Renton, WA

So my fiancé got charged with a 3rd degree assault back when he was 18 but the fight happened when he was 17.
My fiancé got in a fight with another guy and during that the other guy happen to get a 2mm crack in his cheek bone so he took it to court an bam, 3rd degree assault. Then his public defender didn't defend him at all and just told him to plead guilty, so he did. The judge mentioned that he could get it off his record in 5 years but it might be difficult. He had a 6 month probation. Can he still try to get it off?

Attorney answers (3)

  1. James J White

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . You cannot get third degree assault off of one's record. However, if the Judge told him that he may be able to withdraw his plea since it was based on erroneous legal advice.

  2. Sean P Cecil

    Contributor Level 8

    5

    Lawyers agree

    Answered . I agree with Mr. White: as a "crime against a person" 3rd degree assault is not eligible for vacation. Still, the conviction may be worth reviewing; I would recommend contacting an attorney that specializes in post-conviction relief. Good luck!

    My responses to questions on AVVO are not intended to and do not form any type of attorney-client relationship.... more
  3. Frank Mascagni III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Your fiance needs to have a criminal defense attorney review the facts of both cases and see what, if any, options he has under WA state law to expunge/seal the prior case. Every state statute is different.
    Get counsel to advise you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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