Motion to Vacate a Conviction
Having a conviction on record costs people far more these days than it used to. Whereas a onetime mistake may have long since been forgotten by those involved, employers, landlords, lenders, and even potential romantic partners use online background checks these days. When a prior conviction shows up, it can cost you job opportunities, income, social standing, and more.
But there is hope! Many convictions can be wiped off your record under certain conditions. When a conviction is “vacated” under state law, you can state that you have never been convicted of a crime even when completing employment applications.
State law provides a way to vacate most misdemeanor and gross-misdemeanor convictions, as well as some felony convictions!
When a conviction is “vacated,” the guilty plea is withdrawn and the court dismisses the case, releasing you “from all penalties and disabilities.”
Once vacated, under state law, “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.”
If you have completed your sentence and stayed out of trouble, you deserve a second chance with a clean slate. Contact us today to see if you qualify to have your criminal record vacated.
Basic qualifications include the following:
- You must have no active criminal charges against you.
- You must have no new convictions since the date of the conviction you are seeking to vacate.
- You must have completed the terms of their sentence.
Additional qualifications depend upon the type of offense at issue:
- Misdemeanors or Gross Misdemeanors. To vacate a Misdemeanor or Gross-Misdemeanor, 3 years of good behavior since the completion of probation are required.
- Assault 4 Domestic Violence. To vacate an Assault 4 Domestic Violence, 5 years of good behavior since completion of probation are required.
- C-Felony. To vacate a C Felony, 5 years of good behavior since completion of sentence are required.
- B-Felony. 10 years of good behavior since completion of sentence.
- Violent Crimes and Crimes Against a Person. Violent Crimes and Crimes Against a Person cannot be vacated (except assault 4).
NOTICE: Due to high demand for legal services, the Angus Lee Law Firm is not currently handling motions to vacate old convictions.
FOR ASSISTANCE vacating an old conviction, call attorney ANDREW LAWHON at (360) 906-7234. Please let him know you were referred to him by the Angus Lee Law Firm.