Expungement-What is it and what does it do?

“I want an expungement.” I can’t tell you how many times a phone call starts with that statement. More and more people are calling each day looking for an expungement attorney. This post will briefly explain what an expungement is and isn’t.

Most people use the term expungement to mean that they want a criminal conviction off their record. While this can be done in Washington, the courts don’t use the term expungement. The court has termed this process a vacate and dismiss. I’ll soon be writing a post explaining the process and requirements of vacating and dismissing a conviction.

Now that we’ve talked about what an expungement is not, what exactly is it? An expungement under Washington State Law is where the court deletes the record of nonconviction data. If your case was dismissed or you were found not guilty, then RCW 10.97.060 allows for the court to completely erase the fact that you were even charged with the crime. It gets completely deleted.

While this seems straight forward, the more you look at it the more complicated it becomes. Only “nonconviction” data can be deleted or expunged. A definition of “nonconviction data” is given to us by RCW 10.97.030. A careful reading of the definition shows that a straight dismissal and an acquittal are the only outcomes considered nonconviction data. If your case was dismissed after a term of probation, a suspended sentence, a continue without finding or a deferred prosecution, then that is not considered nonconviction date and you are not eligible for an expungement.

If you want help getting an expungement or if you would like me to review your situation for free, give me a call.