Is vacation of misdemeanor conviction in Washington State possible regarding guilty plea to RCW 46.61.5249?

Asked about 5 years ago - Lake Forest Park, WA

Let me add more info...
1) This was originally a DUI but was amended to a Neg 1.
2) Arrest was in Sept 2002 and Guilty plea to Neg 1 was in Jan 2003.
3) No accident and nobody hurt...nobody involved but me.
4) All fines have been paid and stipulations of plea agreement have been met.
5) Other than this my record was and is clean.
So given this additional info will I be able to vacate?

Attorney answers (2)

  1. Walter James Kotlowski

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Generally speaking, it appears you are eligible to vacate the Neg1. You must meet the following conditions and the Court does have discretion on whether to grant the motion or not.

    • It has been at least three years since you completed the terms and conditions of the sentence, including restitution/legal financial obligations. (since the case was closed)

    • There are no criminal charges pending against you in any court of this state or another state, or in any federal court

    • You have not been convicted of any new crime in this state, another state, or federal court since you was convicted in this matter.

    • You have never had the record of another conviction vacated.

    • You are not currently and have not been restrained within the last five years by a domestic violence protection order, a no-contact order, an antiharassment protection order, or a civil restraining order which restrains one party from contacting the other party.

    See this link for more information: http://www.courts.wa.gov/forms/index.cfm?fa=for...

  2. Shawn B Alexander

    Pro

    Contributor Level 20

    Answered . It may possible I have pasted the staute with the requirements below;

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9....

    because the plea is what you will be vacating and not a dui you may be eligible read the rules and find a criminal defense attorney in your neighborhood.
    Good Luck and drive safely

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