The attorneys of Robertson Law, PLLC handle a variety of cases which involve expungement, vacation, and restoration of rights.

We can be reached at the same address and phone number that you have used in the past : 206-DEFENDER. Ryan Robertson will be handling expungement and vacate matters for the firm. Ryan is an excellent attorney who has argued over 100 appeals to the superior courts of this State. These cases have addressed conviction reversals, administrative actions, and writs of review. Ryan has also argued several cases to the Washington State Court of Appeals and the State Supreme Court, including the 2009 matter of State v. KRW, 148 Wash. App. 952, the most important case regarding sealing Washington records to have been published in the past 10 years. Ryan will continue to use his extensive knowledge of the district and superior courts, as well as his appellate skills, to work on behalf of clients who have vacating, expunging, and sealing matters.

Robertson Law also handles criminal defense trial matters. More information about the firm and its attorneys can be found at: robertsonlawseattle.com.

SEALING UPDATE - posted 3/29/09

The Washington Court of Appeals has issued a new ruling affecting how court files can be sealed (State v. KRW). Please review our sealing page for more information and a summary.

Expungement/Vacating/Record clearing

Washington law allows people to clear their criminal record in many circumstances, a process called expunging, vacating and/or sealing a conviction. This procedure often results in the "undoing" of a criminal conviction. If your conviction is expunged or vacated, you will be legally able to tell employers, landlords, and everyone else that you have never been convicted of a crime. Your criminal record will not be disclosed to anyone who runs a criminal background check with the Washington State Patrol, local police agencies, or the court system.

There is generally a waiting period before you can apply to expunge or vacate a record, and this waiting period varies from a few years to over 10 years (for the specifics, see RCW 9.96, 9.94A, 10.97, and 13.50). This process allows people who have made mistakes to clear their record, and to rehabilitate their lives and reputations. For adult convictions, Washington law generally only allows you to vacate or expunge your latest conviction.  Please call or email us to determine if you're eligible, and also feel free to view our vacation information page. We strongly encourage you to run your official criminal record at the Washington State Patrol's web site for $10.00 before contacting us. This will allow us to give you more accurate advice.

We have also had great success in getting our clients' court records sealed. Many other attorneys do not take this extra step when trying to clear someone's record. We feel it is important to seal all court records because most internet background searches query the Washington State Court computers, known as DISCIS and SCOMIS. While this process is slightly more complicated than simply expunging or vacating a conviction, it is almost always worth the extra effort. We are very familiar with the laws on sealing records, and we are happy to provide you references of past clients whose records we have sealed.

Sealing Juvenile Convictions

Washington law allows people with past juvenile convictions to seal, vacate, and/or expunge their records. Through this process, you can undo multiple convictions, prevent employers from finding out about convictions, hide juvenile social service agency files, and possibly have certain records destroyed. If you were convicted of a juvenile crime that was not a sex offense, and you have been crime free for any two year period after your conviction, and you don't have any charges currently pending against you, you may be eligible to expunge your conviction. Feel free to fill out this form to get more information.

We can tell you if you are eligible for expungement and help you through the process. Once your case is expunged, we will follow through with local police agencies, the Washington State Patrol, the court system, and even the FBI if necessary to make sure your record has been cleared and sealed. We have handled many expungements and are very familiar with the requirements and the process.

Firearm/Gun Rights

We also have experience handling restoration of firearm rights and voting rights.

Firearm Rights - Felony

If you were convicted of a Class B or C felony in Washington, and it has been more than 5 years since you were convicted or released from jail, and you don't have any charges currently pending against you, you may be eligible to have your firearm rights restored. 

Firearm Rights - Misdemeanor

If you were convicted of a misdemeanor in Washington that caused you to lose your right to possess a firearm, and it has been more than 3 years since you completed the terms of your sentence (including paying the fine), and you don't have any charges currently pending against you, you may be eligible to have your firearm rights restored.

Voting Rights

We have successfully restored many of our clients' right to vote in Washington after felony convictions. If you are interested in restoring your right to vote, please call or email us.

Recent Results of Note

• In late 2010 and early 2011, we have been successful in having records vacated and sealed in five different counties: King, Pierce, Kitsap, Whitman and Kittitas. To achieve this impressive result, we have convinced judges of specific findings required by GR 15 and the KRW decision. For more information about this process, see our sealing page.
• The firm has been busy having records vacated and sealed all around the State of Washington. In February 2009, the Court of Appeals issued the KRW decision. This decision (from a case we won at the trial court) stated that judges must make several findings in addition to those required by GR 15 before they can seal records. See our sealing page for more information. Since the KRW decision, we have argued and won several cases on sealing. The King County Superior Court and the Snohmish County Superior courts both considered cases after the KRW decision. Both courts decided to seal their files even in light of the additional KRW factors. We continue to have great success having records vacated, sealed, and in certain cases even expunged, as well as our clients' firearm rights restored. We typically argue several of these cases each month.
• We have had great success over the past several months getting convictions vacated and sealed. For example, a client's Whatcom county conviction for theft was vacated and sealed after a contested motion hearing in August. Another client's 1981 conviction for assault in King County was vacatedin August as well, and the motion to seal that client's conviction is going to be heard in late September. This vacation order allowed the client to start a new job as an executive in a well known Seattle company. In late July/early August, we had a client's conviction for Reckless Driving vacated and sealed in the King County District court. In July, we unfortunately lost a motion to have a client's sex offense vacated, and we are now working on a sealing motion for the client. (We publish the success and failures too here in an effort to show, that while we try very hard to win every case, we cannot guarantee what will happen in any particular case. This judge felt the nature of the offense and the law did not allow him to vacate the conviction.)
• In the last few months, we have won a hotly contested motion to vacated and seal a juvenile file, as well as remove the requirement that the offender register. In the process, we also avoided a new charge for our client. We have also restored several client's firearm rights in King and Snohomish Counties, which allowed one client to take an over-seas dream hunting vacation he would not have otherwise been able to take. Finally, we assisted one client in getting into Canada. This client wrote us a nice note which stated,

  I had my deferred prosecution revoked for a DUI in February 2005. I was turned back at the Canadian border in December 2005 on a random check that revealed my DUI conviction. I was referred to Steve Rosen by another attorney. Steve prepared a packet with all the documents required to apply for a temporary residency permit through Canadian Immigrations. He advised me on the proper procedures with Canadian Immigrations and in 6 months, I was issued the temporary residency permit to legally enter Canada. The Immigrations Agent remarked that he was impressed with the organized and complete packet of documents I had presented. The process could have taken as long as 18 months and there was no guarantee I would be granted permission to enter Canada. I truly believe Steve's advice and attention to detail made the difference.

• The Washington State Supreme Court has just adopted a new rule on sealing court records. We expect that this new rule will make more people eligible to have their files sealed, and judges more willing to seal records. For the complete text of the new rule, click here. This rule will become effective on July 1, 2006.
• In February 2006, we had two convictions vacated and sealed in the Whitman County District Court.
• In January 2006, we had convictions expunged in the Seattle Municipal Court for a client who was charged with a prostitution related offense. Because of this result, there are no longer any records in existence regarding this charge.
• In December of 2005, we had convictions vacated and sealed in King County for two clients. The King County judge who vacated and sealed these convictions for Assault and Theft stated that this was the first time in his long career that he has ever sealed a conviction. We are very proud of our advocacy in these cases.
• In December of 2005, we had a client's firearm rights restored in Pierce County. The prosecutor strongly objected to our client getting his right to hunt and carry a firearm back due to his past drug conviction. The prosecutor had convinced a judge in another case a week before our hearing that Washington law did not allow people with any drug convictions to regain their firearm rights. However, when we appeared and explained Washington's firearm laws, the prosecutor was unsuccessful in blocking our client's firearm restoration.
• In November of 2005, we assisted two clients in getting their voting rights restored. Many people in Washington are concerned about their voting rights after the 2004 election which received international attention because it was so close. During the post election litigation, hundreds of people were accused of voting illegally.
• In October of 2005, we assisted a young man who had just received his GED in vacating and sealing an adult conviction for Criminal Trespass and a juvenile conviction for Robbery Second Degree. Both of these orders included language which prohibited any law enforcement agency, such as the Department of Corrections, the Washington State Patrol, and the local police department from releasing any information about this young man.

(The specific details of these cases have been withheld to protect our clients' privacy. Redacted court orders are available upon request.) 

Legislative update

The Washington State Supreme Court is considering revising General Rule 15. These revisions will make it easier to seal court records after vacating a conviction. Feel free to email me if you would like an update on the current status of the changes. (updated 12/05)

The Washington State Legislature considered many bills during the last session that may increase your ability to have records expunged, sealed, and vacated, and lessen the requirements for you to restore your firearm rights. Please contact your State Senators and Representatives to voice your support for HB 1819, HB 1829, HB 2087 and SB 5635 in future legislative sessions. We are led to believe that similar bills may be introduced in the future. Thanks. (updated 10/05)