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NEWPORT – A 63 year old man who had not had any criminal convictions for more than a decade asked Judge Robin McCroskey through his attorney in Superior Court to vacate a 20 year old conviction for second degree theft.
Back in 2004 Shawn David Sweeney had been found guilty by a jury following a two-day trial of two charges of using a stolen credit card. He was then sentenced to 180 days in jail.
His attorney, Josiah Lara, said Sweeney met the requirements under state law to have records vacated for both the 2004 felony and misdemeanor convictions. He asked McCroskey to vacate the convictions and waive the remaining interest on the legal financial obligations.
“That way Mr. Sweeney can start putting what happened in the past in the past,” Lara said.
Prosecuting attorney Dolly Hunt said that Sweeny had not been charged with any crimes for the period necessary to qualify for an order of vacation. She said he had paid the principle on the legal financial obligations, including restitution. Hunt agreed that Sweeney was indigent and that the interest should be waived and the convictions vacated.
Hunt said Sweeney would be entitled to have both the misdemeanor and felony convictions vacated.
McCroskey, an elected District Court Judge serving as a Superior Court commissioner, granted the motions to vacate the convictions.
To have a conviction vacated means that a person can say they have not been convicted of the crime. It does not mean that can say they have not been charged with the crime, Spokane attorney Scott R. Staab says on his website. It differs from expungement, Staab writes, in that expungement means the record will be removed from Washington State Patrol records.
