Were You Arrested for A DUI, But Plead Guilty to An Amended Charge, Like Reckless Driving or Negligent Driving?
You May Be Able to Vacate that Conviction!!
Has your past kept you from applying for a better paying job?
Have you been worried that a potential employer will see this conviction when they look at your criminal history?
Are you left embarrassed and having to explain a mistake from years ago?
Were you passed over for a promotion because of your criminal record?
If the answer is “Yes” then the New Hope Act of 2019 may be the answer. In July legislation brought several changes to the laws regarding what can now be vacated.
Can You Benefit from the New Changes to the Law?
Yes! All walks of life are susceptible to DUI and Physical Control arrests. Teachers, contractors, pharmacists, everyone. What if you no longer had to live with the stigmatism of this offense?
Most of the clients who see me for a first offense DUI or Physical Control end up resolving their case with an amended charge. Whether that final resolution is a conviction of Reckless Driving, Negligent Driving or even Reckless Endangerment, those convictions may be eligible to be vacated.
Just think, that regrettable choice you made when you were in your 20’s no longer has to follow you around for the rest of your life.
If you went all your life without any run-in with the law and just now picked up your first arrest for a DUI, the blemish does not have to remain forever on your record.
Do I Qualify to Have My Amended Conviction Vacated?
If you were arrested for DUI or Physical Control and it was reduced or amended your conviction may be eligible to be vacated. Ask yourself the following questions:
- Was the ARREST for the DUI or Physical Control more than ten (10) years ago?
- In the last ten (10) years since the ARREST have you had any alcohol or drug violations?
- Has it been at least three (3) years since you completed all conditions of your sentence, including paying legal financial obligations?
If you meet these criteria, you may be eligible to ask the Court that convicted you to vacate the conviction.
Even if you have had a prior conviction vacated, the New Hope Act allows for multiple eligible misdemeanor convictions to be vacated.
What Happens When a Conviction is Vacated?
In this circumstance, if you meet all the criteria and the Court chooses to grant your request, the plea of guilty is vacated or removed. In its place, a plea of “not guilty” is entered. And, most importantly, the Court will dismiss the charge.
Once the vacate is granted, the court notifies the Washington State Patrol, and your criminal record is updated. This means, that the incident will no longer appear if you were to request your history. The same notification of the vacation is sent to the FBI.
What is the Benefit of Having a Conviction Vacated?
There is a huge benefit. Any information relating to the vacated offense may not be DISCLOSED OR DISSEMINATED to any person or agency who is not in criminal justice enforcement.
More importantly, when you are filling out your employment application and it asks if you have been convicted of this crime, you can say “NO”. Your future employer will get your criminal history, and this will NOT appear on it.
Other benefits beyond employment and increased income may include housing options, volunteering, coaching and most importantly, you are given a clean slate.
Is This Something I Can Do on My Own?
Just last week I was in court and asked by the judge’s assistant what paperwork needed to be filled out so that someone’s petition to vacate a conviction could be granted. The point is, not a lot of individuals take advantage of the ability to vacate a conviction, which means that court employees and even other criminal attorneys are not familiar with the process.
It is important to first make sure you are eligible before you do anything. It is almost always within a court’s discretion whether to grant a request even if someone meets all the qualifications. The key is, “court’s discretion”. They do not have to grant your request.
Think about working your way through the maze of paperwork and filings and then standing by yourself in front of the judge explaining why they should grant your petition.
Having an experienced attorney with you can expedite the process, save you time and money if you are taking off work to come to court, only to be told you filled out something incorrectly and must come back. I have seen this happen.
Find Out if You Qualify to Vacate Your DUI Related Charge
We are here to help you. We can find out if you qualify, handle the paperwork and the hearing. We follow up to make sure Washington State Patrol has been notified and it no longer appears on your history.
Just think, having this conviction removed. Opening the doors to new opportunities. No longer worrying about what someone will think when this appears on a background check. What is that worth?
See If You Qualify Now! ActionLegalGroupWa.com
Or Call
509-362-9540