Can I get my Negligent Driving 1st Degree expunged after few years? 4 Answers as of April 25, 2011

I was arrested for a dui in Washington Cowlitz county few months ago. The charge was reduced to Negligent Driving 1st degree due to a breath test that was not done right. The officer was to wait 15 minutes before doing the test again and he did not. My BAC was 0.79 and 0.84. Can I get my Negligent Driving 1st Degree expunged?

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Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Generally, alcohol offenses cannot be expunged. At any rate, the length of time for expungement is five years after you complete your probation and pay all your fines, fees and costs.
Answer Applies to: Washington
Replied: 4/25/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
Unfortunately, if your case was amended from DUI the law does not allow for the conviction to be expunged. If the prosecutor dismissed the DUI and re-filed the charge as a Neg 1 you can have the case expunged. If you are not sure whether the case was amended or dismissed and re-filed, you can look at your judgment and sentence (document provided to you by the court at the time of sentencing) or contact the attorney that represented you. If you have any further questions please feel free to give me a call. If your case was dismissed and re-filed I can help you get the case expunged.
Answer Applies to: Washington
Replied: 4/22/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
A neg 1 can be expunged after 5 years if you have not committed any crimes between then and now. RCW 9.96.060. Please feel free to contact me with any additional questions.
Answer Applies to: Washington
Replied: 4/22/2011
The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
Theoretically you can have "expunge" (vacate) a Negligent Driving 1st Degree Conviction. You must wait the mandatory period (3 years after the conviction), maintain lawful conduct, and fully and successfully adhere to the conditions of the conviction.

At that point you may bring a motion to the original court and move to vacate the conviction. If you do this, and are thereafter successful, be sure you also move to "seal" the conviction, otherwise the charge will remain visible to certain parties. One word of caution, however. Most Judges I know will not "expunge" (vacate) a Neg. 1 conviction if it was reduced from DUI until 7 years after the conviction. This is so because for a 7 year period an amendment from DUI to Neg. 1 is considered a "prior" offense. You may certainly attempt to "expunge" (vacate) earlier, but be aware many Judges will not agree to such a motion. Good luck.
Answer Applies to: Washington
Replied: 4/22/2011
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