If you’ve been convicted of DUI or Physical Control of a Motor Vehicle Under the Influence of Alcohol and/or Drugs in Washington State, then that conviction cannot be vacated. However, old cases that began as a DUI or Physical Control can sometimes be vacated depending on the final court resolution. Vacating a conviction is like changing your criminal record so instead of a guilty on a case, your record basically shows the case was dismissed.
Generally, misdemeanor convictions can be vacated 3 years after probation ends, all terms of the sentence have been met and the last payment of any legal financial obligations. Also, you cannot currently have a pending criminal charge in Spokane or any other location. Once a conviction has been vacated you no longer need to report the conviction for employment or housing purposes.
The law treats DUI cases a little differently. If the original DUI or Physical Control accusation was amended in court to something like Reckless Driving, Reckless Endangerment or Negligent Driving 1st Degree, then those cases might be eligible for vacating. In these situations you have to wait 10 years from the date of arrest to ask the court to vacate the conviction. In addition to meeting all other requirements above for vacating a misdemeanor you must also remain crime free for the 3 years leading up to the petition and have no restraining orders, like no contact orders or anti-harassment orders, currently against you.
These laws can be confusing. To see if you’re eligible to vacate an old DUI case contact us today. Cooney Law Offices. We can help.