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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4015
Experience:  9 years legal experience, primarily in criminal justice
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In 2001 I pled guilty to an amended charge of negliegent driving

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In 2001 I pled guilty to an amended charge of negliegent driving after my appointed attorney did not show up and a substitute advised me to do so. I thought second degree. 9 years later I needed record and it says amended to second degree, then amended to first degree. This was in Washington state. I have had no other violations and want to know how and if it is possible to get this type of charge expunged as I lost job due to economy and after 15 months of looking for job and no luck I am beginning to think this charge is definitely working against me. Can I get the record sealed?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.
Hello.

Unfortunately, the State of Washington does not allow for expungement of convictions, but you can file a Motion to Vacate the conviction. While it won't remove the charge from your record, if granted, it would remove the actual conviction. The instructions and forms you need to start are located here:

http://www.courts.wa.gov/forms/index.cfm?fa=forms.contribute&formID=38
Customer: replied 4 years ago.

Thank you but don't understand what you mean about the removal of conviction. Would it just show i was charged? My public record there Seattle Municipal court) shows status closed and does that mean "convicted"? If so then I would like to try. I am a little confused.

Also no where on the records they sent (docket) does it say it is a misdemeanor. I was told that when I called to have them mail to me. I don't want to lie on job apps but since I was clueless I have been saying no when asked if had any misdemeanors.

Expert:  Hammer O'Justice replied 4 years ago.
It depends. If it was negligent driving in the first degree, it was a misdemeanor. If it was negligent driving in the second degree, it is an infraction and not eligible for having the charge vacated.

"Closed" is just what the docket status is. A case that is marked closed could be a conviction, a dismissal, or an acquittal. It just means the case is no longer open in court. It doesn't have anything to do with what actually happened to the charge.
Customer: replied 4 years ago.
Thank you. That is what is so weird. It says charge amended to neg driv 2 dgree and then right undr it it says amed to neg drive first dgree. However I have old papers from 2001 and one says second and one says first. So I guess I will have to go with the first degree as it is the last one on the page. My internet service keeps kicking off so could you give me the link for the vacate again and I will accept and pay the fee. I don't know anything else to do. Sorry low fee but unemployed for 15 months. And to think all this happened because I have night blindness and was driving slow around lake washington with no street lites. In the pouring rain. Asked to walk the walk in high heels and then did not have my asthma inhaler and two tests did not register so they said I refused the test, which I did not. The irony of this is until I was laid off for economic downturn I was an executive assistant for vp of world renown treatment center for five years and I am sure they checked me out as I had 7 interviews with them upon hiring. Again thanks for your help and I will try they link you send me.
Expert:  Hammer O'Justice replied 4 years ago.
No problem. Here is the link:


http://www.courts.wa.gov/forms/index.cfm?fa=forms.contribute&formID=38
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4015
Experience: 9 years legal experience, primarily in criminal justice
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