You must meet fourrequirements to expunge your non-conviction criminal history records in Washington:
A. You must comply with the required waiting period
You have to wait at least 2-3 years to expunge your records, depending on how your criminal case resolved.
- If no criminal charges were filed ... you must wait two (2) years from the date of your arrest
- If criminal charges were filed and you were found not guilty or the case was dismissed ... you must wait three (3) years from the date of your arrest
Example #1: You were arrested for theft on January 1, 2015 but the State never filed charges against you. You are eligible for expungement on January 1, 2017.
Example #2: You were arrested for DUI in 2015. The State filed charges on 2016. The case went to trial and you were found not guilty on January 1, 2018. You are eligible for expungement on January 1, 2021.
B. No New Arrests / Convictions
You cannot have been arrested or charged with another crime during the required waiting period.
Example: You were arrested for assault in 2017 and the case against you was dismissed in 2018. You were arrested for DUI in 2019 and and that case was also dismissed. You apply to the Washington State Patrol (WSP) to expunge your assault records in 2020. WSP will deny your request because you were arrested during your waiting period
C. No Prior Felony / Gross Misdemeanor
You cannot have a prior conviction for a felony or gross misdemeanor
D. Case did not involve a Deferred Prosecution
The case relating to your expungement did not result in a deferred prosecution.
Example: You were arrested for DUI. You entered into a deferred prosecution, which you successfully completed, and the court dismissed your case. You are not eligible for expungement.
