Exclusions That Prevent The Removal Of A Misdemeanor Conviction From Your Record?

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Posted on : January 25, 2023Posted By : Russell & Hill, PLLC
Posted In : Misdemeanor

Misdemeanor Conviction

Below is a list of exclusions that prevent the removal of a misdemeanor conviction from your record. If any of the following apply, your misdemeanor conviction will not be vacated.

Search Revised Code of Washington (RCW)

  • You have another conviction for a new crime in this state, another state, or in federal court, since the date of the Seattle Municipal Court conviction.
  • There are any criminal charges pending against you in this state, another state or in federal court.
  • The offense was violent as defined in RCW 9.94A.030 or an attempt to commit a violent offense.
  • The offense was a violation of RCW 46.61.502 (driving under the influence of alcohol or drugs).
  • The offense was a violation of RCW 46.61.504 (actual physical control of a vehicle while under the influence of alcohol or drugs).
  • The offense was a violation of RCW 9.91.020 (operating a railroad while intoxicated).
  • The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW (obscenity and pornography).
  • The offense was a violation of chapter 9.68A RCW (sexual exploitation of children).
  • The offense was a violation of chapter 9A.4 RCW (sex offenses).
  • For non-domestic violence related cases, less than 3 years have passed since the completion of the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing.
  • For domestic violence related cases, less than 5 years have passed since completion of the terms of the original condition of sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing.
  • For domestic violence related cases, you cannot have had convictions prior to the one you are attempting to vacate that were related to domestic violence as defined in RCW 10.99.020.
  • You currently are or have been in the last 5 years restrained by a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order which restrains one party from contacting another.

Information provided by: Seattle Municipal Court website

Contact Everett Misdemeanor Attorneys

If you or a loved one have been charged with a misdemeanor, contact Russell & Hill, Everett misdemeanor attorneys, servicing the Everett area, by email or call 800-529-0842 to schedule a free initial consultation. Spanish translation is available.

  • Free initial consultation with our Everett misdemeanor attorneys
  • Weekday, evening, and weekend appointments
  • Phone consultations with our Everett misdemeanor attorneys 24 hours a day in emergencies
  • In-house Spanish translation
  • A convenient location on Broadway in Everett

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