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Washington’s New Law Allows for Marijuana Convictions to Be Vacated

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A new Washington law took effect on July 28 allowing certain persons convicted of marijuana crimes to become eligible to have those convictions vacated. The marijuana convictions must be misdemeanor or gross misdemeanor convictions only.

Pardons don’t vacate convictions though, the Seattle Times notes. Under the new law those that have several misdemeanor marijuana convictions are eligible to have those convictions vacated. The date of the conviction no longer matters.

A benefit of the new law is that it’s not just violations of the state law that makes a case eligible – even municipal ordinance violations can qualify for having a simple marijuana conviction vacated.

The process is as follows:

  • Contact the court or courts you were convicted in
  • Request an application to have your conviction vacated
  • Complete the paperwork (Motion and Declaration for Order Vacating Marijuana Conviction)
  • File the motion with the corresponding Clerk of Courts office
  • Schedule a hearing
  • Follow any instructions given by the court

Once the conviction is vacated, it cannot be used as consideration for any similar convictions.