The probation condition must have some relationship to the crime of which the offender was convicted, relate to conduct which is criminal, and forbid or require conduct which is reasonably related to future criminality. Please call or email if I can be of assistance with any post-conviction clean-up including vacating a misdemeanor, gross misdemeanor or felony, restoration of firearm rights or terminating sex offender registration. This result stands in stark and irrational contrast to RCW 9. However, you will almost certainly need the assistance of an attorney familiar with all the ins and outs, exceptions and requirements of these arcane statutes. United States Jaycees U. The court acknowledged, however, that courts have broad discretion to impose conditions of probation to foster rehabilitation and to protect public safety.
That is because case law interpreting RCW 9A. Klatt, the Sixth Appellate District found, was similarly too broad. Wolf Child 9th Cir. In re Sheena K. Thus any new conviction will prevent vacation of the existing conviction unless it is first vacated as well. A possible exception may exist for misdemeanors and gross misdemeanor convictions that occur on the same day. The date of discharge triggers the clock for the passage of time necessary to vacate a felony charge: For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. Supreme Court has recognized a constitutional right to freedom of association. The scope of prohibited contact for Mr. Klatt appealed the probation condition as unconstitutionally vague and overbroad in violation of his right to freedom of association under the Fourteenth Amendment. In particular a felony vacation: However, you will almost certainly need the assistance of an attorney familiar with all the ins and outs, exceptions and requirements of these arcane statutes. However, new convictions that occur after the conviction the person is seeking to discharge but before the date of the certificate of discharge should not prevent vacation. Carbajal 10 Cal. For more information about probation conditions for sex offenders, click on the following articles: People v, Olguin 45 Cal. Not Limited to 1 An odd and inexplicable inconsistency between the laws that govern vacation of non-felonies and felonies is that, unlike misdemeanors and gross misdemeanors, a person can serially vacate as many felonies as they qualify for. This second condition is crucial. Remember that something as minor and innocuous as driving while license suspended in the 3rd degree, disorderly conduct or urinating in public can count as a new conviction if it occurs after the date of discharge. This result stands in stark and irrational contrast to RCW 9. Restoration of firearm rights can be accomplished by civil petition to the court and does not require that the conviction that caused the loss of that right be vacated. The good news is that the inconsistencies between the governing statutes permit multiple felony vacations. Please call or email if I can be of assistance with any post-conviction clean-up including vacating a misdemeanor, gross misdemeanor or felony, restoration of firearm rights or terminating sex offender registration. More on that below. The judge sentenced Klatt to three years of probation, including six months in county jail, a requirement that he participate in a sex offender management program and that he:
Video about vacating a sex offence:
19-Year-Old Fights to Be Taken Off Sex Offender Registry
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