Vacating Criminal Convictions in Lynnwood
Restoring Your Rights to Own a Firearm in Edmonds, Kirkland, Seattle, Everett, Marysville, King County, and Snohomish County
A criminal conviction on your record can significantly impact your employment, housing, and education opportunities in the future and have financial consequences for many years to come. It can also result in revocation of your right to own firearms. McAvoy Law, PLLC can provide experienced legal representation in vacating a conviction and getting your firearms rights restored.
Contact our firm today to schedule a free 30-minute consultation and learn how we can help protect your future.
What Is Required to Vacate a Conviction in Washington?
Vacating a conviction is different for a misdemeanor than for a felony. With a misdemeanor conviction, you must wait at least 3 years after serving your sentence or completing your probation. With a felony conviction, the waiting period can be 5 to 10 years, depending on the crime. Not all convictions are eligible to be vacated in Washington.
You will need a court order to vacate a misdemeanor or felony conviction. Attorney Kimberly McAvoy can help ensure you meet the criteria for eligibility, initiate court proceedings, and help guide you through the process.
Criminal Conviction vs Expungement in Washington
The deletion of a criminal conviction is known in many places as EXPUNGEMENT. In Washington state, the legal definition is called VACATE. Most misdemeanors and some felonies can be Vacated if a person is qualified. Qualification to Vacate depends upon the type of charge and level of the charge, such as whether it is a misdemeanor domestic violence, prior DUI or if it is a felony level B or C charge.
For many misdemeanor cases, the following questions help determine qualification:
- Has at least 3 years have passed since you completed the terms and conditions of the sentence, including probation and court fines?
- Have you had any new convictions of any new crime in this state, another state, or federal or tribal court in the 3 years prior to this vacation application?
- Are there any criminal charges pending against you in any court of this state or another state, or in any federal or tribal court as of the date I file this petition?
- Are you currently restrained by a domestic violence protection order, a no-contact order, an anti-harassment protection order, or a civil restraining order which restrains one party from contacting the other party? Have you been previously restrained by such an order and found to have committed one or more violations of the order in the last 5 years?
Common misdemeanors that can be vacated are: Disorderly Conduct, Assault 4, Harassment, Theft 3, Possession of Stolen Property 3, Racing, Possession of Drug Paraphernalia, Criminal Trespass, Driving While License Suspended, Reckless Driving, Obstruction, Prostitution, Patronizing a Prostitute, Criminal Mischief, Vandalism, and several more.
The misdemeanor Vacate statutes are very complex and specific to many types of convictions and circumstances, therefore you should talk to our attorney Kim McAvoy who is knowledgeable about the laws and criminal history records to see if you qualify.
Many Felony cases cannot be Vacated, such as Class A felonies, Violent offenses as defined in RCW 9.9A.030; or crimes against persons as defined in RCW 43.43.830 except certain crimes if it did not involve a firearm, deadly weapon or sexual motivation enhancement; these certain crimes are Assault 2nd, 3rd when not committed against a police officer, and Robbery in the 2nd.
Some C Felony cases that are non-violent or not crimes against persons can be Vacated, and the following questions help determine qualification:
- In the past 5 years, have you been convicted of a new criminal violation offense in this state, another state, or federal court?
- Do you have any pending criminal cases in this state, another state, or federal court?
- Has at least 5 years passed since you have been released from community custody, or released from full or partial confinement, or 5 years passed since the sentencing date?
- Do you have any Protection Orders/Restraining orders prohibiting you from contacting a protected party in this state, another state or federal court?
Common examples of Felony cases that can be Vacated are: Theft 1 or 2, Forgery, Fraud, Identity theft, Possession of stolen property, Taking a motor vehicle without permission, Felony eluding, False reporting, False statement, Criminal Mischief, and Drug offenses such as Manufacture, deliver or intent to deliver drugs.
The felony Vacate statutes are very complex and specific to many types of convictions and circumstances, therefore you should talk to our attorney. Call now or contact us online for free consultation.
How Do You Get Your Gun Rights Restored?
Gun rights can be lost with any felony conviction or misdemeanor domestic violence conviction in Washington and throughout the U.S. The right to possess a firearm can also be revoked with a no-contact or restraining order. It is important to note that vacating a conviction does not automatically restore your firearms rights. In Washington, this right must be restored by the Superior Court.
To be eligible for firearms restoration you must fulfill the following:
- More than three years must have passed after a misdemeanor domestic violence conviction and more than five years after a felony conviction.
- You must have no other pending charges.
- You must not have been convicted of a sex offense, a Class A felony, or a felony crime in which a firearm was used.
- You must not have had a firearm forfeited for a drug or alcohol incident in the past five years.
Call McAvoy Law, PLLC at (425) 374-0761 for skilled legal representation and guidance. We have extensive experience in vacating criminal convictions and firearms restoration in Lynnwood and the surrounding areas.