​
Information on clearing your record
Why vacate a record?
In Washington state, we use the process to of vacating (which some people may call expungement) to offer people with convictions on their record some protections in public background searches. These protections include:
​
-
Stopping the State Patrol from releasing the record to the public and public background searches.
-
The ability to tell people (such as employers or landlords) that you were not convicted of that crime.
​
How can I find out what is on my record?
​
-
The Washington State Patrol has a website where you can access your WATCH (Washington Access to Criminal History) report.
Are free services available to low-income people?
​
Yes, there are several organizations that may be able to provide you with free services. We recommend that you reach out to them to see if you are eligible before hiring us or any other private attorney.
-
Northwest Justice Project (NJP) is Washington’s publicly funded legal aid program.
-
The Records Project assists clients with eligible convictions in King County.
-
Civil Survival organizes system-impacted people and provides legal representation.
-
Check your county bar association to see if they offer assistance.
​
What are the requirements to vacate a record in Washington?
​
Misdemeanors and felonies may be eligible to be vacated depending on the type and class of the offense. Eligibility criteria are defined under RCW 9.94A.640 for felonies and RCW 9.96.060 for misdemeanors.
​
To vacate a misdemeanor all of the following must be true:
​
-
No criminal charges against you pending in any court (in any state), including any federal or tribal courts.
-
An infraction (a ticket) is not considered a criminal charge.
-
-
You have completed the terms of your sentence, and at least 3 years have passed. *
-
You have not have been convicted of a new crime in any court (in any state), including federal, or tribal court in the past 3 years.
-
You must not have a current domestic violence protection, no-contact, anti harassment, or civil restraining order against you. You also can't have any violations of those orders during the past 5 years.
-
The conviction is not an excluded offense.**
​
To vacate a felony all of the following must be true:
​
-
No criminal charges against you pending in any court (in any state), including any federal or tribal courts.
-
An infraction (a ticket) is not considered a criminal charge.
-
-
For Class C Felonies- you have completed the terms of your sentence and at least 5 years have passed since your sentencing date and release from confinement or community custody.*
-
For Class B Felonies- you have completed the terms of your sentence and at least 10 years have passed since your sentencing date and release from confinement or community custody.*
-
The count you are attempting to vacate is not a Class A felony.
-
The conviction is not an excluded offense.**
​
* The waiting period for both felonies and misdemeanors begins on the date of release from community custody (supervision, probation), the date of release from full or partial confinement, or the sentencing date; whichever of these dates comes latest in time.
​
**Certain offenses are ineligible to be vacated or have additional requirements. For example, you cannot vacate a violent offense (or attempt), as defined in RCW 9.94A.030, a “Crime against persons” defined in RCW 43.43.830, or a DUI/Physical Control while under the influence (RCW 46.61.502; RCW 9.91.020; or 46.61.504). There are additional criteria and waiting periods for offenses involving domestic violence and sex offenses.
​
What if I have outstanding legal financial obligations?
​
Please contact an organization (such as the ones listed above) that assists with legal financial obligations as you may be able to reduce or waive them if you are in financial need. More info can be found at: Washington Law Help; Living With Conviction
​
What about juvenile records?
​
Several organization help people with juvenile records. The following are a few:
​
​​
Can I vacate a DUI?
​
No.
​
Can I vacate DV related convictions?
​
Some domestic violence related convictions can be vacated. This depends on the type and number of offenses. For example, you may not vacate a misdemeanor DV if you have more than one conviction stemming from different incidents (two or more incidents occurring on a different date would count as separate incidents). If there is more than one incident of DV (different dates) then all DV counts are ineligible to be vacated. Other non-DV related offenses may still be eligible to be vacated. Please note that there are different requirements for a felony DV.
​
What about convictions in other states?
​
We can only help with convictions in Washington state. If you would like to learn more about convictions in other states, more info can be found at the National Reentry Resource Center.
​
​
​
The information on this page is for informational purposes only.
​
The information on this website is not legal advice. You should not rely on this website as a source of legal advice and we cannot guarantee the accuracy or whether it is up to date. Nothing in this website is intended to form an attorney/client relationship. We are not responsible for any consequences that may result from the use of this website as it is for informational purposes only. We recommend that you consult with an attorney for assurance that the information on the website is appropriate for your specific situation.