In Washington, a domestic violence conviction can be vacated under certain circumstances. If you qualify, the court sets aside the conviction and removes it from your criminal record.
If you have been convicted of domestic violence, contact our Tacoma domestic violence lawyer to discuss your legal options and determine whether you may be eligible for expungement. Schedule your free consultation today.
Who Qualifies for Expungement in Washington State?
Expungement in Washington applies only to non-conviction records, such as arrests or charges that never led to a conviction. Once you have been found guilty, the path to a clean record runs through a motion to vacate.
A domestic violence conviction is not expunged but vacated, which has much of the same effect. Your eligibility to vacate depends on the offense and your criminal history since the case closed. In general, you may qualify to vacate a domestic violence conviction if:
- You have completed every term of your sentence, including jail, fines, and probation.
- The required waiting period has passed, typically three years for misdemeanors and longer for felonies.
- You have no new convictions or pending charges.
- The offense is not excluded by law from being vacated, such as a Class A felony or one involving a child or vulnerable victim.
Benefits of Vacating a Domestic Violence Criminal Record
Once a conviction is vacated, you can legally state that you were not convicted of that offense. It should no longer surface on most background checks, which opens doors that a record can close. Clearing your record can help you pass employer and housing screenings, pursue education and professional licensing, and restore your standing in custody or visitation matters.
How Long Does It Take to Vacate a Domestic Violence Charge in Washington State?
There is no fixed timeline for vacating a domestic violence conviction. Much of the process involved depends on the offense, the court’s schedule, and how the prosecutor responds. After you file your petition and notify the prosecutor’s office, weeks or months may pass before a hearing is set.
The judge may rule whether to vacate the charge at the hearing or shortly after. Once granted, the order is sent to state agencies, and your record is updated accordingly.
What to Do If You Are Arrested for Domestic Violence in Washington
If your domestic violence case is still open, the choices you make right after an arrest can shape its outcome. Your first priority is to protect your rights. Exercise your right to remain silent and avoid explaining or arguing your side to officers, since anything you say can be used against you.
Ask for a defense attorney in Washington State before answering questions about the incident.
Find Out If You Are Eligible to Clear Your Criminal Record
Whether your case is pending or long closed, your record does not have to define the rest of your life. The rules around vacating a conviction are detailed and complex, but a Tacoma domestic violence defense attorney can guide you through the process.
At The Law Offices of Mark S. Treyz, we handle the legal process from filing through the hearing. Our firm is available to review your background and walk you through your options and next steps. Contact our firm today for a free, confidential case evaluation to learn whether you are eligible to clear your record.