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What are the requirements for vacating a felony conviction in Washington?

RCW 9.94A.640 sets forth the requirements for vacating a felony conviction in Washington. 

To be eligible to vacate your felony conviction, you must meet three requirements

  • You committed the offense on or after July 1, 1984
  • There are no pending criminal charges against you in any state or federal court or tribal court
  • You have had no other criminal convictions during the required "waiting period" depending on the type of felony
    • Class B felony: 10 years have passed since you were sentenced or released from custody or released from community custody (whichever is later)
    • Class C felony: 5 years have passed since you were sentenced or released from custody or released from community custody (whichever is later)

Under Washington law, you can vacate certain non-violent Class B or Class C felonies. 

Class B felonies are punishable up to 10 years in prison and a $20,000 fine.  Class C felonies carry a maximum of 5 years in prison and a $10,000 fine.

Example #1: You pleaded guilty to robbery in the second degree (a Class B felony) and were sentenced in 2015.  You were released from prison in January 2017 and were not sentenced to community custody.  You can file a motion to vacate your robbery conviction in January 2027, assuming you meet the other requirements.

Example #2: You pleaded guilty to assault in the third degree (a Class C felony) and were sentenced in 2015.  You were released from prison in 2017 and were placed on community custody, which you completed in January 2019.  You can file a motion to vacate your assault conviction in January 2024, assuming you meet the other requirements. 

 

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