Washington Certificate of Discharge and Vacate Felony Conviction Frequently Asked Questions

Will it still show up on my background check?

Once your conviction has been vacated, Washington law states that the Washington State Patrol and local law enforcement agencies many not disseminate or disclose the conviction to any person other than criminal justice enforcement agencies. Therefore, a background check that is based off the state or law enforcement records would not display the case. However, if the background check company pulls information from court records then the case will be displayed as vacated/dismissed. The law also states that you are able to state on employment and housing applications that you were never convicted of the crime.

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Can it still be used against me for a future conviction?

Once a particular conviction has been vacated, it may be not used against you to enhance your sentence for any future offenses.

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Do I have to disclose the conviction ever?

You do not have to disclose the conviction if vacated and can answer with confidence to any inquiry or to an application for employment that you have not been convicted of the crime.

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Can I become a schoolteacher, nurse, or other occupation?

Once the conviction is vacated, you do not have to disclose the case and can answer with confidence to any inquiry or to an application for employment that you have not been convicted of the crime.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record. If you have not been issued a Certificate of Discharge and you want to vacate your conviction it is important to have the Certificate of Discharge backdated so that your waiting period does not start now.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue your case before a judge. Although some of the questions may seem simple, the more information and case detail that you provide in your answers the better we are able to argue the case in your favor.

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How long does the process take?

The case typically takes three to four months, depending on your individual circumstances, the court’s caseload at the time, and whether there are any objections from the government. In many cases, a hearing will be held on your application/petition.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the District Attorney is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and District Attorney in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner the case is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having the conviction vacated.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case(s). You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Does it matter if I pled guilty or no contest?

No, it does not matter. We can vacate your conviction regardless of what you pled, as long as you satisfy the requirements of the law for vacating the conviction.

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Who is eligible for a Certificate of Discharge?

You must have completed all the requirements of your sentence, including paying all fines and court costs to be eligible for a Certificate of Discharge.

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What are the details of the guarantee?

For vacating, if we are unable to succeed on your case, we have a money back guarantee. Please view the pricing section for details regarding the money back guarantee.

We are unable to offer a money back guarantee for the Certificate of Discharge because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review it and decide what services are available to you. We charge a researching fee and we then apply that to the total cost of any service that you hire us to perform.

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What if I have multiple cases?

You are not eligible to vacate a misdemeanor conviction in Washington if you have been convicted for any other crimes ever since you were convicted for the offense you want to vacate. Convictions that occurred prior to the misdemeanor conviction you are trying to vacate do not count.

On the other hand, if your conviction was for an offense where you were supervised and then discharged by the Department of Corrections under Washington section 9.94A.637 (which typically means a felony), then you cannot have another conviction since the date you were discharged (not the date you were convicted).

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If I was convicted of a felony, can I have it reduced?

At this time, there does not appear to be a way to reduce a felony once it has already been imposed. The time to do so would have been before you received the conviction, via negotiations with the prosecutor.

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What happens after my conviction is completed?

You will receive the Certificate of Discharge and a court order vacating the conviction—which has the effect of withdrawing the guilty judgment and dismissing the charges against you. You can then legally state that you were not convicted of the offense.

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How do the agencies know it was granted?

The court will direct the court clerk to immediately send the order to the Washington State Patrol Identification Section as well as any local police agency that has records pertaining to the case. The Washington State Patrol will also notify the Federal Bureau of Investigation that your conviction has been “vacated.”

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How long does it take for the records to be updated?

The court updates its records and then sends the court order to the agencies. The law requires that the court clerk immediately notify the Washington State Patrol and any local law enforcement agency immediately once the order is entered, so that those agencies can comply accordingly.

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What is the main reason that a request to vacate is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) violating probation, (5) not paying fines, 6) you are otherwise not eligible to vacate that particular conviction, or (7) a certificate of discharge has not been issued.

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Will it relieve me of the requirement to register as a sex offender?

No. Sex offenses that require registration are not eligible to be vacated.

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Can I vacate the record if I was convicted?

Yes. The Washington laws were intended to allow certain convictions to be vacated, as long as the other requirements are satisfied and you have been issued a Certificate of Discharge.

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Will vacating the conviction clear up my DMV record?

Vacating the conviction will not affect your DMV records. However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history which never changes unless you have the conviction set aside. In Washington, most traffic offenses are not considered part of your “criminal history.”

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Will this restore my right to own a firearm?

No. Neither a Certificate of Discharge or vacating the felony conviction will restore your firearm rights. Please see the section on Washington firearm rights restoration. The two most common reasons for a person to lose their right to own or possess a firearm in WA are (1) being convicted of a certain offense or (2) being convicted of misdemeanor domestic violence.

(1) If you were convicted of an offense prohibiting the use, possession, or ownership of a firearm, vacating will not restore your right to possess, use, or own a firearm. To determine eligibility for restoration of the right to own a firearm, please see section on restoring gun rights.

(2) There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal definition is narrower than Washington's definition, so your domestic violence conviction in Washington might not trigger the federal law. Setting aside in Washington does not lift the federal prohibition.

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What rights are restored with a Certificate of Discharge?

When you are released from the authority of the Department of Corrections then the right to vote can be provisionally restored. Any civil rights that may have been lost (voting, serving on a jury, running for office, etc.) could be restored if they were not automatically restored when you were released from the authority of the Department of Corrections. However, a Certificate of Discharge does not restore your firearm rights.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have the same information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for a lengthy interrogation.

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Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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Can I vote after this?

In Washington, only convicted felons lose their voting rights. Even then, the voting rights of convicted felons are restored upon their completion of their sentence and release from supervision from the Department of Corrections.

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Will it help with immigration?

The vacated case can still be viewed and considered when determining your immigration; however, it may increase your chances during the immigration proceedings. A Certificate of Discharge will show that the case is resolved and you have completed your sentence.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

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