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Start 2015 Off Right By Expunging/Vacating Your Criminal Record

Written by David O
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Start 2015 Off Right By Expunging/Vacating Your Criminal Record

It’s a new year and a great time to clean up any past criminal history.  Here in Washington State, an individual is allowed to remove one criminal conviction through a legal process called expungement.

What is an expungement? An expungement, also known as vacating a record, sealing a record, or record sealing, is the legal process of clearing a past criminal conviction and removing it from general view. Only certain misdemeanor and felony criminal convictions are eligible for the expungement process and specific requirements must be met before a judge will grant an expungement.

Some misdemeanor convictions that may be eligible for expungement include:

  • Assault 4th Degree
  • Theft 3rd Degree
  • Reckless Driving
  • Negligent Driving
  • Other Misdemeanors

Some felony convictions that may be eligible for expungement include:

  • Burglary
  • Criminal Trespassing
  • Class B & Class C Felonies
  • Drug Offenses

The expungement process is very complicated and an individual should hire an expungement attorney, such as the experienced expungement attorneys at David O Defense, to prepare and present the proper documents to the judge and prosecutor.  It is important to realize that granting an expungement is a discretionary decision made by the judge, and they can choose to deny the expungement even if all requirements are met. The attorneys at David O Defense will present a client’s expungement case in the most persuasive manner possible, greatly increasing the probability of having the client’s expungement granted.

Once an expungement is granted, for the most part it looks like it never happened and the past conviction will not need to be divulged on documents such as a job application or rental application.

If you have a criminal charge that you would like removed, call the experienced expungement attorneys at David O Defense today, 206-459-6392, to see if you are eligible and meet the requirements.  Start your New Year off right, call today!

To read more about expungements, click here.

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Mel Gibson Petitions For An Expungement

Written by David O
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Mel Gibson Petitions For An Expungement

Actor Mel Gibson is trying to clean up his criminal record by petitioning the court for an expungement to remove his no contest plea to a battery charge.  Back in March of 2011, Gibson pled no contest to slapping his wife, Oksana Grigorieva, across the face knocking out several veneers.

Gibson’s motion hearing is set for later this month where he will provide proof that he has completed all terms and conditions set by the judge during the 2011 battery sentencing, which included; 16 hours of community service, 52 weeks of counseling, 3 years of probation, and adhering to “peaceful contact” at all times with his ex-wife, Grigorieva.  After reviewing the motion, the judge will decide to grant or deny the expungement.

What is an expungement?  An expungement, also known as sealing a record or record sealing, is the legal processes of clearing a past criminal conviction and removing it from general view.  Only certain criminal charges are eligible for the expungement process and specific requirements must be met before a judge will grant an expungement.  Once an expungement is granted, for the most part it looks like it never happened and the past conviction would not need to be divulged on documents such as a job application.

Mel Gibson is no stranger to the expungement process.  Back in 2009, the Brave Heart actor was granted an expungement of a 2006 DUI that occurred in Malibu California.   Gibson was a first time DUI offender and was eligible to have the DUI expunged after he completed all of his DUI sentencing terms.  The motion was heard by Judge Lawrence J. Mira, and only took minutes for the DUI record seal to be granted.

If you would like to seal a past criminal conviction that occurred in Washington State, please contact the experienced criminal defense attorneys at David O Defense to see if you are eligible, 206-459-6392.  Please don’t hesitate to call if you have further questions pertaining to the expungement process, our defense lawyers are here to help!  206-459-6392.

Ferris Wheel on the Pier Seattle, Washington, photo taken by David O Defense - Criminal and DUI Litigation, attorney | lawyer website

 

 

 

 

Written by Defense Attorney, David O
Co-Written by Sarah Ann

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Juvenile Record Sealing: Give Your Child a Second Chance at a Bright Future

Written by David O
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Juvenile Record Sealing: Give Your Child a Second Chance at a Bright Future

If your child has been arrested as a juvenile with a crime and has gone through a juvenile adjudication, anyone who is interested can find out. The public can access this juvenile criminal record via the internet, the Washington State Patrol, or the courthouse. The easy public access to your child’s criminal record will affect his or her future in many drastic ways.

First, he or she may not be able to pursue his or her desired career because many employers conduct criminal background checks. If your child wants to work with children or hold a job that allows unsupervised access to children, a criminal record will definitely stand in the way. Moreover, federal law bars certain types of felons from working in specific fields, like the generic drug industry or airport security.

Second, private and public housing landlords are allowed to request criminal background checks. As a result, your child may have a difficult time finding a place to live.

Third, a felony juvenile adjudication may disqualify your child from serving in the military, because, among other things, a juvenile criminal record prevents a person from possessing a firearm. There are also other areas of life that are negatively impacted by juvenile criminal records, like college acceptance and obtaining various tax benefits.

Luckily, there is a process that an attorney can help you with that will hide your child’s criminal record from the public. This multi-step process is called “record sealing.” Your child’s juvenile record can be sealed if he or she (1) does not owe any court-ordered fines, (2) has no criminal charges pending, and (3) has either been crime free for 2 years for anything lower than a Class A felony or 5 years for a class A felony.

Speak with a defense attorney from David O Defense to see if your child is eligible for juvenile record sealing. We also recommend that you meet with us to determine the proper procedure for record sealing based on the conviction and to help you get through every step of the process correctly. Give your child a fresh start by sealing his or her criminal record. If this issue applies to you or your child, please call 206-459-6392 for a consultation.

 

Written by Anastasia Kidniz

 

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