DUI Expungement in Washington

What is DUI expungement, and is it possible in Washington?

DUI expungement is a process by which a person can petition the court to have a DUI charge removed from their criminal record. In Washington, DUI expungement is possible but it is not automatic. The individual must file a petition with the court and provide evidence that they are eligible for expungement. Generally, the court will consider the individual’s history of prior convictions, the type of offense, and the amount of time that has passed since the DUI conviction. If all criteria are satisfied, the court may grant the expungement request.

What are the eligibility criteria for DUI expungement in Washington?

The eligibility criteria for DUI expungement in Washington are as follows:
1. The DUI conviction must not be a felony.
2. The person must have completed all sentences, including fines and any other terms or conditions imposed by the court.
3. The person must not have any pending charges or other criminal convictions on their record.
4. The person must have no other pending or open DUI cases.
5. The person must have no other alcohol or drug-related arrests or convictions on their record.
6. The person must not have been convicted of a crime involving violence or sexual abuse since the DUI conviction.
7. The person must have successfully completed all court-ordered treatment programs, including DUI school, alcohol abuse treatment, or any other treatment required by the court since the DUI conviction.

Is there a waiting period before someone can apply for DUI expungement in Washington?

Yes. In Washington, the waiting period for DUI expungement is 10 years from the completion of all court-ordered sanctions, including any probationary period, imposed for the conviction.

What types of DUI convictions may be eligible for expungement in Washington?

In Washington, Class C felony DUI convictions, gross misdemeanors, and misdemeanors may all potentially be eligible for expungement. Certain conditions must be met in order to obtain an expungement, including a waiting period of at least seven years and proof that the applicant has not been convicted of any other criminal offenses since the conviction.

Are there specific conditions or rehabilitation programs required for expungement eligibility in Washington?

Yes, there are specific conditions and rehabilitation programs that are required for expungement eligibility in Washington. Generally, in order to be eligible for expungement, a person must have successfully completed all requirements of the sentence imposed as well as any ordered rehabilitation programs, and must not have committed any offense in the three years prior to petitioning for expungement. Additionally, any restitution and any other court or administrative fees must have been paid. In addition, a person must not have any pending criminal charges or unresolved probation violations.

How does someone initiate the DUI expungement process in Washington?

In Washington, the process for expunging a DUI begins by filing a Petition to Expunge Records (Form CR-221) in the court where you were convicted of the DUI. If the court approves your petition, the judge will issue an Order of Expungement that will direct law enforcement to destroy all records related to your DUI offense.

What documentation or evidence is needed when applying for expungement in Washington?

When applying for an expungement in Washington, an individual will need to provide evidence that they have completed any applicable terms of probation or parole, such as restitution payments, community service, or educational classes. Additionally, they may need to provide court documents related to their conviction, such as court orders or sentencing documents. Finally, they may need to provide evidence of rehabilitation, such as employment records, certificates of completion from treatment programs, or letters of recommendation from counselors or employers.

Are there fees associated with filing for DUI expungement in Washington?

Yes, there are fees associated with filing for DUI expungement in Washington. Generally, court filing fees for a petition to seal records range from $40 to $400, depending on the county. Additional fees may be charged for service of process and for the sealing of any records held by law enforcement or the department of licensing.

Can individuals with multiple DUI convictions apply for expungement in Washington?

No, individuals with multiple DUI convictions are not eligible for expungement in Washington. According to RCW 9.94A.640, any person convicted of a felony or gross misdemeanor DUI offense is not eligible for expungement. Additionally, if an individual has been convicted of more than one DUI offense, even if those convictions were misdemeanors, they are also not eligible for expungement.

Does expungement result in the complete removal of the DUI record, or is it sealed in Washington?

In Washington, expungement will result in the complete removal of the DUI record from all public sources.

How do employers, landlords, and background check companies view expunged DUI records in Washington?

In general, employers, landlords, and background check companies are not able to view expunged DUI records in Washington. This is because expunged records are sealed and inaccessible to the public. However, some agencies such as the FBI and police departments may be able to access these records when conducting background checks. It is important to note that it is also illegal for employers or landlords to use expunged records as a basis for making employment or housing decisions.

Is there a difference between expungement and setting aside a DUI conviction in Washington?

Yes, there is a difference between expungement and setting aside a DUI conviction in Washington. Expungement is the process of sealing court records so that they are not available to the public or employers. Setting aside a DUI conviction in Washington is the process of vacating the conviction from the criminal record, which means that it will no longer be visible to prospective employers. However, the conviction can still be seen by law enforcement, the court, and the Department of Licensing.

Can expunged DUI records be used against an individual in future DUI cases in Washington?

No, expunged DUI records cannot be used against an individual in future DUI cases in Washington. However, if you are charged with a subsequent DUI offense, the court may consider evidence from the prior offense in sentencing.

Do expunged DUI records affect professional licensing or certifications in Washington?

It depends on the specific licensing or certification board. Depending on the board, an expunged DUI record may still show up when a background check is conducted, and the board may take into account the DUI record when considering an application for a professional license or certification. It is best to contact the relevant licensing or certification board to determine its policy on expunged DUI records.

Are there any restrictions on firearm ownership after DUI expungement in Washington?

Yes, there are restrictions on firearm ownership after DUI expungement in Washington. Under RCW 9.41.040, individuals who have been convicted of a felony or certain juvenile offenses are prohibited from owning a firearm. Additionally, individuals who have been found not guilty by reason of insanity, committed to a mental health institution or treatment facility, or found to be mentally incompetent to stand trial are also prohibited from owning firearms. Finally, individuals who have been dishonorably discharged from the armed forces or have had their firearm rights taken away by a court order or other legal action can not own firearms.

Is there a waiting period for expungement to take effect after approval in Washington?

Yes, there is a waiting period for an expungement to take effect after approval in Washington, depending on the type of offense. If the offense is a non-violent misdemeanor or gross misdemeanor, the waiting period is 3 months. If the offense is a felony, the waiting period is 6 months.

What role does the court or prosecutor play in the DUI expungement process in Washington?

The court and prosecutor have an important role to play in the DUI expungement process in Washington. The court is responsible for reviewing the petition for expungement and making a decision on whether to grant or deny it. The prosecutor also has the ability to object to the petition, although this is rare. The prosecutor may also provide guidance and assistance to the petitioner throughout the process. Ultimately, the court will make the final decision on whether or not to grant the expungement.

Are there resources or organizations that provide guidance on DUI expungement in Washington?

Yes. The Washington State Bar Association provides guidance on DUI expungement in Washington through its website. Additionally, the Washington Association of Criminal Defense Lawyers (WACDL) provides information and resources related to DUI expungement in Washington. The Northwest Justice Project also provides free legal advice and representation related to DUI expungement.

What is the timeline for completing the DUI expungement process in Washington?

The timeline for completing the DUI expungement process in Washington will depend on the specific circumstances of your case. Generally, it can take anywhere from 6-18 months for the expungement to be completed. The process involves filing paperwork with the court, attending a hearing, and waiting for a decision from the court. Depending on the county and the complexity of your case, the process may take longer or shorter than the typical timeline.

How does DUI expungement impact immigration status, if applicable in Washington?

In the state of Washington, DUI expungement does not have any direct impact on a person’s immigration status. However, a person with a DUI conviction could face immigration consequences such as being denied entry into the United States, being deported, or being denied citizenship or permanent residence. Therefore, expunging a DUI conviction could potentially help a person avoid potential immigration consequences.