Can a DUI Be Expunged From your Record in Washington State

Probably the most usually asked queries when charged having a DUI, is irrespective of whether a conviction could be vacated or expunged out of your record. In Washington state the basic answer is no, under RCW 9.96.060 a DUI can never ever be vacated or expunged out of your record regrettably.

So why can't a DUI be removed? If you look for the legislative intent behind this statute the basic answer is sentencing suggestions. Meaning when an individual is sentenced to a DUI, they face a particular sentence primarily based on the variety of prior DUIs and what the alcohol level was. If a DUI might be removed from a criminal history, then the State legislature has determined this will be unfair for sentencing purposes, and wouldn't be an correct indicator of criminal history.

So if a DUI conviction can't be removed, can a lesser offense be removed? Nicely in Washington state that is definitely the million dollar question. RCW 9.96 does not mention DUI offenses reduced to lesser charges as among the crimes ineligible to be expunged. So if an individual is fortunate sufficient Turner Law Offices, P.C., 208 Third Avenue North, First Floor, Nashville, Tennessee 37201 to acquire a DUI charge lowered to a reckless driving or even a negligent driving than based on the existing laws in Washington state they could be eligible to request this conviction getting removed.

What wants to come about to get a lesser charge expunged? Below existing legislation SHB 2443 (efficient 8/1/12) the time frame one desires to wait is ten years to be eligible. Throughout that time they can't have any new convictions, and must be completed with all court specifications.

So in quick. A DUI conviction cannot be expunged in Washington state below the current statute of RCW 9.96. But in the event the original DUI charge is lowered to a lesser offense, then an expungement request is often produced under this statute. Nonetheless this can be not automatic and it is actually nevertheless left for the discretion of a Judge.

In my opinion the top possibility of finding this sort of offense expunged is usually to negotiate a plea take care of the Prosecution where the original offense of DUI is dismissed, after which charge is refiled as a lesser offense, either reckless driving or negligent driving 1. If this takes place than the argument is usually produced regardless of the expungement is granted the current conviction wouldn't count as a prior offense if yet another DUI was charged.