You should do everything possible to erase as much of your criminal record as possible.
Here are the most frequently asked questions about the process of clearing your criminal records in Washington State. We have a separate page on Oregon.
What is the difference between vacating, expunging, and sealing your criminal records?
Unfortunately, many websites, attorneys, and even court officials use these terms interchangeably, but they're not the same.
Vacating: Vacating your criminal conviction (felony or misdemeanor) means erasing the conviction and removing it from your record. A vacated conviction won't show up on a Washington State Patrol (WSP) or FBI background check. It's as if the conviction never happened, and you can legally state under oath that you were never convicted.
Expunging: You can expunge police reports and other investigatory reports from law enforcement records. Expungement means the physical destruction of paper records or the deletion of electronically stored records. You cannot expunge court records, but only records in the custody of law enforcement.
Sealing: Sealing is the most confusing term because it has more than one meaning. You can seal juvenile conviction records, which has the same legal effect as vacating adult records – the conviction officially no longer exists.
But you can also seal adult court records, which means the actual physical and electronic records (such as the docket, the attorneys' pleadings, and the judge's rulings) are hidden from public view, but unlike expunged records, they are not destroyed or deleted.
The public can view the existence of a sealed file, but all they will see is the name and case number, and a notation “case sealed.”
Of the three, sealing your court records is the hardest to get done because the legal standard is so high. Learn more about adult sealing.
What are the requirements for vacating a felony conviction?
You are eligible to vacate a felony if you satisfy the four (4) requirements set forth in RCW 9.94A.
- There are no pending criminal charges against you
- You completed all your court-ordered sentencing conditions
- You have been crime-free for enough time (5 years for class C felonies, 10 years for class B felonies)
- You cannot vacate one of the excluded crimes listed (class A felonies, felony sex offenses, and certain violent felonies)
Learn more about these statutory requirements.
What are the requirements for vacating a misdemeanor conviction?
You are eligible if you satisfy the six (6) requirements set forth in RCW 9.96.060.
- You completed all court-ordered sentencing conditions
- There are no pending criminal charges against you
- You have been crime-free for the past 3 years (for a simple misdemeanor) or the past 5 years (for a domestic violence misdemeanor)
- You are not subject to a restraining order (criminal or civil) that prevents you from contacting someone else
- You have not violated any restraining order in the past 5 years.
- You cannot vacate one of the excluded crimes listed.
Learn more about these statutory requirements.
Can I vacate a DUI conviction?
No.
But you may be able to vacate a DUI charge if you ended up pleading guilty to a reduced offense (such as reckless driving, reckless endangerment, or negligent driving in the first degree).
To be eligible, you have to meet the five statutory requirements of RCW 9.96.060 plus 2 additional requirements:
- 10 years or more has elapsed since your DUI arrest
- You have not had an alcohol or drug violation in the past 10 years
How do I file a motion to vacate or seal my records?
You can always file your motion and supporting documents in-person or via mail, but we recommend you file electronically whenever possible. E-filing saves time, and you get immediate confirmation of receipt from the clerk's office.
Is there a filing fee?
No.
There is no filing fee for these types of motions. If you file electronically, you'll likely have to pay an e-processing or convenience fee of between $3 and $5.
Can I vacate multiple criminal convictions?
Yes.
In theory, you can vacate as many convictions as possible—assuming, of course, you are legally eligible and the court grants your motion.
Some websites state you can only vacate one conviction in your lifetime, but this was the old law. The law changed in July 2019, following the state legislature's passage of the New Hope Act.
Will the court grant my motion?
Whether the court vacates your conviction is a two-step process.
First, the court must find that you have satisfied the statutory eligibility requirements.
Second, you must provide the court with sufficient evidence of rehabilitation—that is, you have changed your life since you were convicted. The best rehabilitation evidence includes:
- Detailed character letters from employers, business partners, or community leaders
- Professional awards, licenses, and certifications
- Military service records and awards
- Treatment or counseling records
- Educational accomplishments
- Employment records
- Evidence of family / caregiving responsibilities
- A detailed personal statement that summarizes your rehabilitation efforts since the case, any obstacles or hardships you have overcome, and your future goals
Do I have to appear in Court?
Maybe.
If you represent yourself, you will have to appear to present evidence of rehabilitation. If you have an attorney, the answer depends on the court and whether the prosecutor is objecting. Some courts, like King County, are more likely to grant motions to vacate if the prosecutor isn't objecting and you have submitted detailed character references and other supporting documents. Other county judges, however, are more skeptical of written pleadings and will want to hear from you directly.
We'll determine the best approach before your hearing.
Can I appear remotely?
Probably.
Since the COVID1-19 pandemic, most courts have allowed litigants to appear remotely for their hearings. Most use Zoom, but a few courts use Webex or Microsoft Teams.
Many courts, like Snohomish County Superior Court, publish their Zoom links online, so they're easy to find. But some courts have less user-friendly websites, so you'll need to contact the clerk's office directly and ask if you can appear remotely.
How long does the process take?
In some smaller municipal courts, sometimes in as little as a few weeks to a month, but in larger counties like Pierce and King County, it can take several months if not longer. This is because the prosecutors who are assigned to handle post-conviction cases in larger counties are also responsible for prosecuting serious felonies and are in court most of the day. Staying on them is a priority so your case doesn't fall through the cracks.
What happens when the court vacates my conviction?
Upon granting your motion, the court removes the guilty finding from the case, enters a not guilty finding, and dismisses the case with prejudice. At this point, you can legally declare that you were never convicted of this crime.
Can I appeal if the court denies my motion to vacate?
Yes.
You have 30 days to appeal if the court refuses to vacate your conviction. You must file the notice of appeal with the court that denied your motion, but the next higher court in Washington decides whether your appeal has merit.
For example, if the Bellingham Municipal Court denied your motion to vacate, a judge in Whatcom County Superior Court will rule on your appeal.
Will a vacated conviction show up on a background check?
No.
A vacated conviction does not appear on a Washington State Patrol or FBI background check. That is why you can legally state, under oath, in an employment or housing application that you have never been convicted of the crime.
However, the vacate process may not remove criminal justice records stored in private databases. Let's say a prospective employer used a private company to run a background check on you 5 years ago and stored your court records in its database. We recommend you contact any private agency that you know conducted a past background check on you (before you vacated your conviction) and provide proof of vacation so that the company can update its records.
Can I seal my juvenile records?
Yes.
The process is easier, but you have to follow a different procedure for sealing juvenile records than for vacating adult records. The waiting period is less, and you can seal a greater number of convictions, such as class A and certain sex felonies.
Learn more about the procedure for sealing juvenile criminal records under RCW 13.50.260.
Does vacating a conviction restore my state firearm rights?
No.
In Washington, you must file a separate motion to restore your right to possess, use, or own a firearm.
Learn more about out the firearm restoration process.
How long after the judge signs my order will my conviction disappear from my background check?
Approximately 30-60 days.
Once in a while, however, the court forgets to send the vacating order to WSP or WSP forgets to process the order after receiving it from the court.
We recommend all clients run a WSP background report on themselves in about 60 days after receiving the order to confirm it's gone. If not, contact us and we'll get to the bottom of it.
