Clean Your Criminal Record

admin — Fri, 04 May 2007 16:16:22 -0700

Vacate Past Convictions
Remove Non-Conviction Arrest Data
Get Records Sealed
Restore your rights

If you or your child has a criminal record, call criminal defense lawyer Simon Stocker for a free initial consultation about cleaning your criminal history.

There are a number of reasons why an individual would want to expunge a criminal record. Jobs that require a security clearance will require a criminal background check. Some professional licenses cannot be obtained with a criminal conviction. Even admittance to some college and universities will be denied if the applicant has a criminal record. Clearing a criminal record can help people who are having trouble getting housing, or have been prevented from getting certain types of employment. Sometimes, a person wants to expunge a criminal record simply to wipe the slate clean.

It is possible to take a conviction off your record - otherwise known as expunging (or vacating) a conviction. An experienced lawyer may be able to clear a conviction in the state of Washington. This means that the court will set aside the conviction. The Record is changed to show a Not Guilty result and the individual can answer truthfully that he/she has never been convicted.

There are several requirements that must be met in order to expunge a criminal record, such as:

You have complied with the terms and conditions of your sentence
The conviction must have occurred more than three years ago since the time the case was closed for a misdemeanor, five years for a Class C felony, and ten years for a Class B felony
The conviction cannot be for certain offenses precluded by statute

In addition to vacating criminal convictions, Simon Stocker can help you get your non-conviction data removed and in some cases can get the records sealed. Simon Stocker can also help you to restore your rights. Set up a free consultation with Simon Stocker today to discuss your options.

Simon Stocker has helped many individuals clear their criminal records. Simon Stocker's experience as a former prosecutor can be put to work on your behalf. Call or contact Simon Stocker. You'll get an experienced criminal defense attorney who works hard for his clients.

Simon Stocker Attorney at Law

admin — Tue, 30 Jan 2007 10:33:16 -0800

If you have been charged with DUI or another crime in Washington State, your first priority should be to sit down and talk with a qualified attorney. The penalties for DUI in Washington State are severe and the sooner you take the step to hire a qualified attorney to represent you, the more likely you are to minimize or avoid the penalties.

DUI

admin — Tue, 30 Jan 2007 10:20:26 -0800

WHAT YOU NEED TO KNOW NOW
DEPARTMENT OF LICENSING ADMINISTRATIVE ACTION
CRIMINAL PENALTIES
HIGH RISK SR-22 INSURANCE
IGNITION INTERLOCK DEVICE

WHAT YOU NEED TO KNOW NOW

Do not discuss your arrest with anyone that doesn't need to know about it. You have not been convicted of the charges and you are presumed to be innocent. Telling people about your arrest may result in their making premature and/or unfair conclusions about you. In addition, you may be given advice that is not in your best interest. An experienced criminal defense attorney is in the best position to give you the proper advice and to discuss your case with you in confidence.

An arrest for DUI usually triggers two separate legal proceedings against you. The Department of Licensing will begin an administrative action to suspend your driver license, and the city or county prosecutors will file a criminal charge against you. You need an attorney that can help you with both actions.

You must take action as soon as possible to protect your rights. If you fail to request a hearing from the department of licensing within the 30 day time limit, you will have your license suspended and once you are eligible to get your license back you will be required to first obtain high risk SR-22 insurance and to install an ignition interlock device on any vehicle you drive.

Simon Stocker is available 7 days a week to meet with you about your DUI. Please call 206.682.6644 as soon as possible to schedule your free consultation.

DEPARTMENT OF LICENSING ADMINISTRATIVE ACTION

If the officer punched your license and gave you papers regarding a license suspension, you have only 30 days to request a hearing from the Department of Licensing. If you fail to request a hearing within the time limit, you waive your right to challenge the suspension.

It is always in your best interest to challenge a suspension. Although these hearings are very challenging, with the help of an experienced attorney, you can maximize your chances of avoiding the license suspension. During the hearing, the State has the burden to prove four issues:

Whether you were under lawful arrest.
Whether an officer had reasonable grounds to believe you had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug, or whether an officer had reasonable grounds to believe you had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in your system of 0.02 or more and were under the age of twenty-one.
Whether you were advised of your rights and warnings as required by RCW 46.20.308(2).
Whether you refused to submit to the test, or if the test was administered, whether the test indicated an alcohol concentration of 0.08 or more if you were age twenty-one or over, or 0.02 or more if you were under twenty-one.

At times the Department of Licensing fails to meet the burden. This can happen when the police report is not produced in its entirety or when the arresting officer has failed to document or follow proper procedure. If you fail to exercise your right to a hearing or if you try to represent yourself without the assistance of an attorney, you’re not giving yourself the best opportunity to avoid the following consequences:

A license suspension of at least 90 days.
Costly high risk SR-22 car insurance for three years following reinstatement.
Costly and embarrassing ignition interlock device.

The length of the license suspension and requirements for SR-22 insurance and ignition interlock device depend on the facts of the case and on your prior record, if any. If you would like to see a chart showing a breakdown based on these factors please see the CIVIL PENALTY CHART.

In addition to the above administrative license penalties, your license may be suspended or revoked based on a criminal conviction. To see a breakdown of the License reinstatement requirements following a conviction for certain criminal offenses please see the License Reinstatement Following Criminal Conviction Chart.

CRIMINAL PENALTIES

A conviction for DUI carries severe penalties, including mandatory jail, fines, a license suspension for at least ninety days, a requirement to install and pay for an ignition interlock on any vehicle that you drive, an alcohol evaluation and treatment lasting up to two years, attendance of a DUI victims panel and high risk SR-22 insurance.

The maximum amount of jail time that a court can impose is one year, and the maximum fine can be as high as $5,000.00. However, in most cases a conviction will result in the imposition of the mandatory penalties. These penalties depend on the facts of your case and on your prior record, if any. If you would like to see a chart showing a breakdown based on these factors please see the CRIMINAL PENALTY CHART.

Every case is different, so I can’t make any promises as to the outcome of your case. Nevertheless, I am frequently able to obtain a reduction in the charge to a lesser offense that carries significantly reduced consequences. If possible, I will try to get your case dismissed based on errors made by the arresting officer. Regardless of the circumstances, I will help you make the best of a bad situation by using every tool available to eliminate or minimize the penalties.

HIGH RISK SR-22 INSURANCE

If your license is suspended, you will be required to carry high risk SR-22 insurance for three years after your license is reinstated.

IGNITION INTERLOCK DEVICE

If you are convicted of DUI you will be required to install an ignition interlock device on any vehicle you drive. This requirement will also apply if your license is suspended and you have applied for an occupational license to allow you to go to work or school.

If you drive a vehicle that has not been equipped with an ignition interlock device while the requirement is in effect, you can be arrested and charged with a new criminal violation. The court may also set a review hearing in your DUI case and impose additional penalties.

Bellevue, Kirkland, and Kent