Is it possible to expounge a theft 2 gross misdemeanor two years after the sentencing or two years after the date the fines were fully paid (which were applied after sentencing)? I know it is possible to expounge 2 years after the fact, but which one? Thank you!
First, you are talking about "vacating" the conviction. That means withdrawing the plea or setting aside the verdict and dismissing the charge. An expungement means to destroy the record. Washington does not allow expungement of conviction data.
Second, if the conviction was for Theft 2, that is a class C felony. You must complete all sentencing obligations, including paying off legal financial obligations and then wait five years from that date. You will need to obtain a Certificate of Discharge back dated to the day you finished all of those sentencing obligations if you did not already receive one.
Theft 2 is a felony. The requirements for vacating a Theft in the second degree are as follows:
-At least five years have passed since the court gave you a certificate of discharge for the offense.
-Since the court issued you a certificate of discharge for the offense, you have not been convicted of any subsequent crimes.
-You are not currently a defendant in a criminal proceeding.
-You did not commit the offense against a "vulnerable victim." under RCW 43.43.830.
The qualification for vacating the gross misdemeanor charge of Theft 3 are as follows:
-You must allow three years to pass after completing your sentence.
-You must not have any more charges or convictions.
-You must satisfy all the requirements of your sentence.
-The record that you want to vacate is not for a violent crime (see the Revised Code of Washington 9.94A.030), sex crime, or DUI offense.
-You cannot have a prior conviction that was vacated.
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