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Feb 24, 2023, How to Vacate Your Assault Conviction Record and Take Control of Your Future

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Having an assault conviction on your record can create a wide range of problems, from difficulties finding employment or housing to obstacles in obtaining licensing and certifications, and even impacting your ability to travel freely. However, if you have a conviction for assault, you may be eligible to vacate it and gain a fresh start. In this blog post, we’ll discuss the eligibility requirements for vacating assault convictions in Washington State, and how you can take control of your future with the help of an experienced attorney.

Eligibility for Vacating Assault Convictions in Washington State

The eligibility requirements for vacating an assault conviction record in Washington State vary based on the type of conviction. For a simple misdemeanor assault, such as a bar fight, enough time has to pass since you completed everything during which you were crime-free. That’s going to be three years for a simple misdemeanor assault, five years for domestic violence, and five years for a Class C felony. For a Class B felony, it will be ten years since you did everything. There are some restrictions, such as those for assaults committed against officers and children, and some limits on domestic violence in terms of the number of cases you can vacate for misdemeanors. However, the majority of assault-based convictions can be vacated if everything has been paid up, completed, and enough time has passed.

How an Attorney Can Help You Vacate Your Conviction Record

Vacating a conviction record can be a complex and challenging process, and it’s always recommended that you work with an experienced attorney to ensure the best possible outcome. An attorney can help you prepare your application correctly and present your case in the best possible light to the court. They can also represent you in court hearings, negotiations, and appeals if necessary, ensuring that you have the best possible chance of success.

Contact an Experienced Attorney Today

If you’re looking to vacate your assault conviction record and take control of your future, the Law Office of Stefanie Dorn is here to help. With over a decade of experience helping clients navigate the legal system and achieve positive outcomes, our firm is well-equipped to help you achieve the fresh start you deserve. Contact us today at (206) 222-8829 or email us at [email protected] to schedule a consultation and learn more about how we can help you take control of your future.

Vacate Conviction

Jan 28, 2023, Criminal Record for Theft in Washington State? Vacating Can Help with Employment!

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The charge that I help people vacate the most. Theft and theft related charges like possession of stolen property or attempted theft. Having those charges on your record can be like employment kryptonite. A small misunderstanding or mistake is not defining of your character, but employers are concerned about employee theft, so they see it as a significant red flag.

The good news is that in Washington State, all theft related convictions, theft, attempted theft, possession of stolen property. They are all eligible to be vacated so long as you meet the criteria. What are those criteria. Enough time has to have passed since you completed all the terms and conditions, and you also have to have stayed out of trouble for that same period of time. Three years for a misdemeanor. Five years for a Class C felony. Ten years for a Class B felony, from when you completed the primary portion.

If that is something you could be eligible for, vacating could be a major help to you because it allows you to state, the orders specifically say that you can state for all purposes including housing and employment that you have not been convicted of that crime. I help clients with this in Washington State. It is a smooth and efficient process. Please feel free to give my office a call to learn more.

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Jan 10, 2023, Criminal Record FAQ: Can I Expunge My Arrest Record?

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How do I know if I am eligible to expunge my arrest record? So essentially taking your FBI file from something that would have the arrest information and then sort of court information, even if the matter was dismissed, to a clean FBI Rapsheet response, which would just have your name, date of birth, and an indication that there was no record. I work with my clients in Washington State to do a request to expunge the non-conviction data with the Washington State Patrol.

Eligibility, one, enough time has to have passed. It has to have been 3 years since the date of the arrest or 2 years since it became non-conviction data, so either the dismissal date or the date that they did no charges files. The second thing is that you can’t, generally, have any arrests or charges since it happened. The third thing is that you can’t have any prior convictions for a gross misdemeanor or a felony. Finally, it can’t have been dismissed by way of a deferred prosecution or “similar.” So, a deferred sentence or generally something where there is an admission of guilty and a heavy-handed punishment.

If you meet those requirements, you may be able to expunge your arrest with the Washington State Patril. I work with clients regularly with this. It’s a pretty smooth process when you work with an attorney. Feel free to give my office a call.

Dec 30, 2022, Criminal Record FAQ: Arrested but not Convicted?

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Question: What does your criminal record look like if you have been arrested, meaning fingerprinted and either administratively or literally booked for an offense but not convicted, either it got dismissed or did not get charged. Answer: Your FBI record is still going to reflect the case information as well as the arrest data. The file in the video is from Google Images, because I’m not even showing my client’s redacted stuff.

But essentially, an arrest will still come back on the FBI file with the arresting data, the agency, and the change. Then it will have court data, maybe it will say dismissed on date. In order to remove that information from your FBI file, I work with clients in Washington State to expunge their arrest record, which removes the record from the Washington State Patrol non-conviction database as well as the FBI database, so that when an FBI report is run, it says your date of birth and name and says that there is no information for you.

So, that is the process to get your FBI record cleaned up if you have an arrest on your record. People do this for immigration, travel, employment, security clearances. My office helps people with this in Washington State only.

Dec 20, 2022, Gex X got a Bad Deal with Criminal Records

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Gen X got a bad deal when it comes to criminal records. One thing I have noticed in my practice is that people born in the 70s and late 60s did not seem to get as fair of a shake when it comes to criminal records. I think there are a few things at play: the combination of record really sticking and lasting in the information era combined with the really tough on crime policies from the 80s and 90s.

When I pull a lot of 90s cases, I don’t see deals. I see really harsh mandatory sentences. I see $30,000 restitution bills. It wasn’t a terribly empathetic period. The combination of youthfulness, the permanency of criminal records, as well as the attitude in time that we really need to be tough on crime has led to people not only being significantly punished at the time but not being able to shake the punishment of their criminal record.

The good news is that most of those cases are eligible to be expunged, vacated, or sealed. Even cases that have an outstanding financial obligation, those $30,000 restitution bills, if it was before the year 2000, that is the cutoff then even the finds are forgivable. I’ve also found that prosecutors and judges are really showing a lot more kindness and empathy especially in terms of those really disproportionately severe sentences.

Nov 30, 2022, Criminal Records, Prostitution Stings, Bellevue Washington

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This is a blog post about criminal records related to the prostitution stings in Bellevue that happened primarily in 2017 but are continuing to happen. “Operation On Demand” in 2017 saw the arrest of more than 100 men who were subsequently prosecuted for patronizing a prostitute in a sting style operation.

On those cases, a number of individuals wrapped their case early either as pleas of guilty or a deferred sentence, which is entered as a guilty plea and still needs to be vacated. A little while later they realized what they referred to as a technicality. I think a rights violation is a more reasonable characterization. It resulted in the dismissal of the remaining 61 cases.

However, having the arrest record for patronizing a prostitute can still be damaging. If you have a conviction or entered a deferral for patronizing a prostitute and you paid all your fines, complied with all your terms and conditions and at least 3 years have passed since you wrapped it all up, including a deferred sentence for patronizing a prostitute, those still need to be vacated in order to come off your record. Many of those are eligible at this point.

For those individuals who do not have a conviction but have the arrest on their record, depending on if you have any prior or subsequent cases, you may be able to expunge that arrest as sufficient time has likely passed. Feel free to give my office a call either way, (206) 222-8829.

Nov 08, 2022, Biden’s Marijuana Pardon, Impact in Washington State

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Marijuana has been in the news again with President Biden’s recent pardon of marijuana cases and those people with a marijuana criminal record might want to know how that may impact them. So the kind of ironic twinge to it is that most possession of marijuana crimes, simple possession of marijuana crimes would not be federal because federal involves the commerce between states. So, the federal marijuana pardon is not going to apply to state cases where the majority of simple arrests for possession happen.

However, Washington, a couple years back did our own version of that and now all marijuana offenses are eligible to vacated as long as they are possession based. Also, most drug offenses for drugs more serious than marijuana are eligible to vacated without the normal hoops that come with it based on as similar process that happened in our state. So, if you are wondering about your marijuana or drug conviction in Washington State, pleases feel free to give my office a call. (206) 222-8829.

Oct 20, 2022, Criminal Records, Seattle Municipal Court, Sexual Exploitation

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This is related to the unique Seattle Municipal charge that is Sexual Exploitation. First of all, a word about the charge, it used to be titled Patronizing a Prostitute and by naming it Sexual Exploitation it arguably sounds worse than it is and can charge people that have been charged with this or convicted of this to face undue prejudice.

Essentially, what the act is agreeing to some sort of a sex act for money. And there were numerous stings in the in the 20 teens where hundreds of people were arrested for, allegedly, agreeing to hand jobs in massage parlors and branded essentially with this charge, Sexual Exploitation, that can incite a lot of unfair prejudice given what the alleged act actually was and the nature of that.

If you have faced that charge if you have that on your record, you may be wondering what you can do about it. So, those cases resolved a couple of different ways. Some people were convicted, either by a straight conviction or a deferral, which is where the case gets dismissed after a period of time. A deferral and a conviction they both still need to be vacated to come off your record and the charge is eligible 3 years from when you complete all the terms and conditions of your sentence, including fines and probation or when it gets dismissed.

Alternatively, a lot of those cases resulted in dismissals, if that was the case, it may be eligible for expungement of the arrest, which is a process with the Washington State Patrol. Either way, feel free to give my office a call at (206)222-8829.

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Oct 14, 2022, Deferred Sentence in Washington State: Why You Still Need to Vacate

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A deferred sentence, essentially, you stay out of trouble for a period of time and do what other things are asked of you, sometimes it’s treatment and then the case gets dismissed, maybe after a year or two years. But what does that look like from a post-conviction perspective?

The tricky thing about a deferred sentence is that yes, it does dismiss the case, but the original conviction remains until you vacate that original conviction. So, it’s not enough to just have it be dismissed, it still shows on your Washington State conviction record as conviction on this date, little note at the bottom, dismissed deferred on this date.

I help clients with these records take the additional step of vacating the original conviction, which completely clears it from the Washington State Patrol WATCH, or conviction report, and you can officially state for all purposes, including housing and employment, that you have not been convicted of the crime. So, if you have a deferred sentence that is still holding you back as a prior conviction feel free to give my office a call.

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Feb 26, 2022, Drug Conviction in Washington? The State May Owe you Money!

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When the Washington State Supreme Court, in State v. Blake, invalidated ever drug possession conviction ever because the law was illegal, they also required that the courts refund people any legal financial obligations they may have paid under the unfair drug statues they were convicted under. Hi my name is attorney Stefanie Dorn, I’m an expungement lawyer in Washington, and I almost didn’t believe it either until my client got their first check in the mail with a full refund for all the legal financial obligations they have paid.

It is a progressive area of law; it is getting much more progressive. People have paid thousands and thousands of dollars, it’s amazing the amount of court fees that are associated with any criminal charge, and the courts have specifically allocated money to this, and the process can even pay for itself sometimes. So, if you have any questions or would like to talk more about a refund of your legal financial obligations, please give my office a call. Thank you.

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