Serving Lincoln County for more than a century!
Serving Lincoln County for more than a century!
SPRAGUE — Lincoln County Prosecuting Attorney Adam Walser said Tuesday he opposes an effort to vacate a kidnapping conviction is a 2015 case.
He may have the opportunity to repeat his concerns during a 10:30 a.m. hearing Tuesday, Sept. 24, in Lincoln County Superior Court in Davenport. At that time, James R. Stocker, 25, of Spokane, will be asking a superior court judge to seal the kidnapping case file and vacate the conviction.
As a teenager nine years ago, Stocker was convicted of second-degree kidnapping in 2015 and sentenced to juvenile detention. Having served his time and completing requirements under state law, Stocker is seeking to have the case file sealed and the conviction vacated.
Walser said he doesn’t oppose sealing the case, noting that it appears Stocker has met statutory requirements.
Under the law, Walser said, a juvenile case file will be sealed if statutory criteria are met.
In that case, even the judge’s hands are tied, he said. If a file is sealed, it remains on record and can be unsealed by a court order if there’s a legal need due to a future crime.
But the request to vacate a conviction is a different matter.
Vacating a conviction is at the judge’s discretion. And once a criminal conviction is vacated, it’s wiped from the record — meaning that it no longer exists.
Walser opposes vacation.
Stocker’s request stems from a guilty plea in an attempted kidnapping on March 8, 2015, in Sprague City Park.
In his court filing to seal the record, Stocker notes he’s done his time, grown up and has not been convicted of any crimes in the last five years. Stocker said he believes he’s met all state requirements to have the record sealed.
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