- The legal system is complex.
- you will have many questions.
- We are here to answer your questions.
The legal system often uses specific terms to describe different types of criminal history information and processes. We have put together a list of some of the most common terms and questions that people ask us.
Expunge: “Expunge” means to seal or physically destroy criminal records information.
Vacate: This means the court actually sets aside a conviction, dismisses the charges. If your conviction is vacated you can say “no” if asked “have you been convicted of a crime”.
Can I prevent anyone from finding out that I was arrested, charged, or convicted of a crime?
Maybe – vacating, expunging, and/or sealing your records can certainly help. If criminal charges were filed against you there will likely always be some information available as a public record and documented in the court’s computer system. It may be possible to limit what information is disclosed and to whom.
Can I have my adult record “sealed”?
Possibly, but this may not be helpful. When an adult record is “sealed” the court protects its examination by the public – but evidence of the existence of the sealed record or file is still available. An experienced attorney can help you determine if sealing the record is the best option, and what steps need to happen first to limit as much access to the documents as possible.
How would someone find out about my criminal history if I don’t disclose it?
It is very simple to obtain criminal background information. Anyone with access to the Internet may run a background check through the Washington State Patrol in minutes. Additionally, the courts maintain records of all cases filed (civil and criminal) and these records are available for public view. Some of these court records may even be accessed through the Internet. Additionally, private companies that perform background checks access this data and may have out of date information that is released to potential employers.
I am filling out a job application that asks about criminal history, how should I answer the questions?
That depends on the specific question asked. It may require that you disclose only a conviction or it may ask that you disclose even an arrest. If you have any questions about how to answer the question, we recommend consultation with an attorney.
Can I get a copy of my criminal record?
Yes, you can obtain a copy of your criminal history through the Washington State Patrol Access to Criminal History program (WATCH [2]).
I was convicted of a crime and want to possess a firearm, can I?
It depends. Some criminal convictions (felonies, some domestic violence related misdemeanors) prohibit firearm possession. You may be eligible to reinstate your right to possess a firearm. Please contact our office to set up a consultation to determine if you are eligible to reinstate your right to possess a firearm.