got a theft 3 charge the person is not on probation and never has had felony or any other charges but theft 3 and they had there last charge three years ago and prior to that one 2 years ago in another state how can your office help her out of this issue?
Kent W UnderwoodCriminal Defense AttorneyTacoma, WA ·
Naturally it will depend by what is meant by "how can your office help her out of this issue?" The specific facts about her situation and background will be significant. For example, what was taken and why? What is her background? Family situation? Drug issues? Is there a factual defense to the charge? Are there legal issues? All of these questions should be taken into account when assessing a particular case. Keep in mind that the facts of a case should not be discussed in a public forum, such as here. Please call or come in to discuss in more detail.
As Attorney Underwood indicated it's hard to know what exact service you're looking for based on your question. I can only assume that you are looking to have the criminal record in question vacated, i.e. withdrawing the guilty plea, entering a plea of not guilty, and having the case dismissed so the conviction won't have to disclosed on employment, or housing applications, etc.
In Washington Theft-3 is a gross misdemeanor. Here are the general requirements to vacate a misdemeanor, or gross misdemeanor in Washington:
1. The offense does not involve domestic violence and has been 3 years since you completed the terms and conditions of sentence including paying any ordered restitution or financial obligations;
2. You have not been convicted of any new crime in Washington, another state, or Federal court since you were convicted of the crime you are attempting to vacate;
3. You have never had the record of another conviction vacated. You can only vacate 1 misdemeanor, or gross misdemeanor during your life in Washington (unless you were convicted of multiple misdemeanors arising out of the same event, i.e. assault IV and making a false statement at the same time. )
4. You are not currently and have not been restrained within the last five years by a domestic violence protection order, a no-contact order, an anti-harassment protection order, or a civil restraining order.
5. The crime you're trying to vacate also cannot be a DUI, physical control of a vehicle while under the influence of alcohol, operating a train while intoxicated, a sex offense, an obscenity or pornography offense, or a violent offense.
From what I understand the person had a conviction in another state, then 2 years after that was convicted of Theft-3 in Washington, and thereafter stayed out of trouble for the last 3 years. If this is the case, the conviction may be eligible to be vacated 3 years from the day the last condition of sentence was completed. Generally this would be the date when the person has finished paying all fines and restitution, and completing any jail/ community service, or work crew ordered by the court.
On the other hand, if the Washington conviction was first, and the other state conviction was later in time, you may not be currently eligible to have your conviction in Washington vacated. You may need to see if the other conviction in the other state can be vacated first. If so, have that one vacated first and you could move the court to vacate your conviction in Washington. However, I would need more information in order to advise you correctly.
Feel free to call me and I will be happy to find out if you are eligible to have your conviction vacated, and if so, find out the exact date you are eligible to have the Theft-3 conviction vacated from your record. Once vacated you can legally tell anyone that you have never been convicted of that crime. Our office assists clients in obtaining vacations for a very reasonable fee and can often have the charge vacated within 2 weeks of your initial free consultation. Otherwise, contact a criminal defense attorney, or an attorney who practices in the area of post-conviction relief for further assistance.
I hope this answers your question, and good luck!
In order to be eligible to have a misdemeanor conviction vacated and dismissed the person must meet the following criteria:
1. The person has never had a conviction vacated before.
2. There must be no new convictions or criminal charges pending after the conviction sought to be vacated.
3. Three years must have passed since the entire case is closed. This includes payment of all fines, restitution and any other terms of the sentence.
She may be eligible now. However, the usual practice of most courts is to put the person on "probation" for two years from conviction. Often the probation period doesn't actually involve reporting to probation officer. What this means is that she may have to wait five years from the date of the conviction before she can petition the court to remove the conviction.
Send me an email with her full name, date of birth and any information you have about the conviction ( case number, court, . . . ). We can look up the court docket and we can tell you if and when she is eligible. This is a public forum. Make sure you respond to me at [email protected] NOT to this post.
Sent from my Motorola Smartphone on the Now Network from Sprint!
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Lennard Anthony NahajskiCriminal Defense AttorneyBellevue, WA ·
Theft in the third degree carries up to one year in jail and a $5,000 fine, in addition to up to two years probation andall the other consequences of having another criminal conviction. Since it sounds like this is a third offense, several options for a first-time offender will not be available and it is not uncommon for a judge to impose jail tme upon conviction. The defendant needed to retain an experienced criminal defense attorney right away to explore all potential defenses.
