Can you expunge robbery class b felony

Asked over 3 years ago - Seattle, WA

I was convicted of a class a robbery felony that was plead down to a class b i was wondering its been 15 years can it be expunge cleared . IT kinda of funny they will give u your gun rights back but not a job

Attorney answers (2)

  1. James Michael McKain

    Contributor Level 9

    Answered . First, just to be clear expungement doesn't apply to this situation, rather a felon may request to have his conviction vacated. Once a conviction is vacated, the individual may honestly answer that he or she has never been convicted of the felony. Secondly, A person convicted of a class b felony may have that conviction vacated if: (1) it has been at least 10 years since the individual completed the sentence for the crime; (2) there are no new charges pending in federal or state court; (3) the individual has not been covicted of a new crime since he or she was discharged; (4) and the conviction was not for a violent crime (as defined by RCW 9.94A.030) nor a crime against person (as defined by RCW 43.43.830). Unfortunately, RCW 43.43.830 defines robbery in the first or second degree as a crime against persons.

  2. Kris R. Jensen

    Pro

    Contributor Level 11

    Answered . I assume you were convicted of Robbery Second, which is defined a "violent" offense. A violent offense cannot be vacated, please see the RCW below.

    Kris Jensen, Jensen Legal.com, (206) 617-9173.

    RCW 9.94a.640
    Vacation of offender's record of conviction.

    (1) Every offender who has been discharged under RCW 9.94A.637 may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by: (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (b) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; and (c) by the court dismissing the information or indictment against the offender.

    (2) An offender may not have the record of conviction cleared if: (a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court; (b) the offense was a violent offense as defined in RCW 9.94A.030; (c) the offense was a crime against persons as defined in RCW 43.43.830; (d) the offender has been convicted of a new crime in this state, another state, or federal court since the date of the offender's discharge under RCW 9.94A.637; (e) the offense is a class B felony and less than ten years have passed since the date the applicant was discharged under RCW 9.94A.637; (f) the offense was a class C felony, other than a class C felony described in RCW 46.61.502(6) or46.61.504 (6), and less than five years have passed since the date the applicant was discharged under RCW 9.94A.637; or (g) the offense was a class C felony described in RCW 46.61.502(6) or46.61.504 (6) and less than ten years have passed since the applicant was discharged under RCW 9.94A.637.

    (3) Once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.

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