Top 5 Myths of Record Clearing
There are many myths about getting a criminal conviction taken off your record. Today we will deal with the top 5 myths I’ve come across when dealing with clients. Remember each person’s case is unique and this list provides just a general outline about record clearing. If you want your criminal case taken off your record, give me a call and I’ll screen your case for free.
Myth 1: You cannot get a domestic violence (DV) conviction off your record. This myth is absolutely wrong. There is nothing about a DV charge that prevents you from getting it off your record. Misdemeanor DV charges can be vacated 5 years after you have completed your judgment and sentence. Felony DV charges are subject to the same waiting period as non-DV felonies. There’s a 10-year waiting period for Class B felony and 5 years for a Class C felony.
Myth 2. Once I get the criminal charge off my record, I can have a gun. Getting a criminal charge off your record is great, but it does not restore your right to possess a firearm right. To get your gun rights restored, you need to petition the court to have those rights restored. This is separate from getting a charge off your record. If you don’t get an order specifically restoring your firearms right, you cannot possess a firearm and if you do you run the risk of being charged with Felony Possession of a Firearm.
Myth 3: A DUI is a misdemeanor and can get off taken off your record. A DUI is a misdemeanor, but it cannot be vacated and dismissed. The politician’s in Olympia have decided that all misdemeanors except DUI’s can be taken off your record. Under the statute, the court has no authority to vacate a DUI conviction. A charge of Reckless Driving or Negligent Driving 1st Degree that was originally charged as a DUI can be vacated and dismissed though.
Myth 4: You can only get one crime off your regard. This one is part myth and part truth. You can only get one misdemeanor off your record, but there is no limit to the number of felonies that can be taken off your record. For some reason the statute that deals with vacating misdemeanors limits people to one vacate and dismiss, but the felony statute puts no limit on the number of charges that can be vacated and dismissed.
Myth 5: My case is so old; the court will take it off my record. The court does not care about how old your case is. The court only cares if you meet the statutory requirements to get a crime off your record. If you do not meet the criteria, it doesn’t matter how old your conviction is. If you still owe money or if the crime you were convicted of is prohibited from being vacated or dismissed, it does not matter how old the conviction is. The court simply does not have the discretion to ignore the statute and take the charge off your record.