How do I get a dissmised assault 4th degree off my record?

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How do I get a dissmised assault 4th degree off my record?

I have a charge I got when I was 18 standing up for my mom and need it gone.

Asked on March 19, 2016 under Criminal Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This charge is a misdemeanor and in WA you can’t get an expungement for a misdemeanor. However, you may be able to have your conviction "vacated". Some convictions are not eligible for this and those that are still have to meet certai nrequirements. For example, at least 3 years must have passed following the end of any probationary period that followed the conviction and there must not have been any new arrests or convictions. Further, a request to vacate a record is discretionary, so the court does not have to grant it. Additionally, having a conviction vacated is a 1 time only event. If, however, a request to vacate is granted the previous guilty plea is withdrawn and the charge is dismissed. Consequently, a person can legally state that they have not been convicted of the offense and need disclose it as a conviction on any future applications or the like. That having been said, the record of the case is not deleted, so there will still be a court record of everything that occurred unless the record is also sealed. However, sealing can be a difficult process since courts prefer open access to such records. Also, like vacating a conviction, sealing is discretionary. At this point, you really should consult directly with a criminal law attorney who specializes in these type cases; they can best further advise you.
 


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