Washington Expungement Laws: How to Vacate a Conviction (2026)

Washington state does not use the word "expungement." The legal process is called vacating a conviction, governed by RCW 9.94A.640 for felonies and RCW 9.96.060 for misdemeanors. Vacating sets aside the judgment and allows you to lawfully state you were never convicted, though the underlying record is not physically destroyed.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Washington state law only. For a comparison of all 50 states, see Expungement Laws by State.

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Vacating vs. Expungement: Washington's Terminology

Washington courts vacate convictions rather than expunge them. When a court vacates your conviction under RCW 9.94A.640 or RCW 9.96.060, it withdraws your guilty plea (or sets aside a guilty verdict), dismisses the charges, and vacates the judgment and sentence. After vacation you are released from all penalties and disabilities resulting from the offense and may legally state, on job applications and elsewhere, that you were never convicted of that crime.

The record is not physically destroyed. The Washington State Patrol (WSP) retains the underlying data, but the conviction is flagged as vacated and the WSP is prohibited from disseminating it to non-law-enforcement entities. This distinction matters: a vacated conviction may still appear in law enforcement databases and can still be counted as a prior offense if you are later charged with a recidivist crime (RCW 9.96.060(8)(c); RCW 9.94A.640(4)(b)).

Separate from vacation, non-conviction records (arrests, citations, and charges that did not result in a guilty finding) can be deleted from WSP criminal history files under RCW 10.97.060. Those records become subject to deletion two years after a disposition favorable to the defendant, or three years after the arrest if no conviction resulted, but the statute requires deletion only upon the request of the person who is the subject of the record, and the agency holding the data may refuse in three situations described below.

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The 2019 New Hope Act

The New Hope Act (HB 1041, Chapter 331, Laws of 2019, effective July 28, 2019) made the most significant expansion of Washington's vacation law in years. Key changes include:

Streamlined discharge. The Act created four pathways to receive a certificate of discharge under RCW 9.94A.637, including an automatic discharge route for offenders who complete all sentence conditions while under supervision. A certificate of discharge is the prerequisite for filing a vacation petition under RCW 9.94A.640.

Waiting periods anchored to the later date. The Act clarified that the 5-year wait for Class C felonies and the 10-year wait for Class B felonies run from the later of: (a) release from community custody, (b) release from confinement, or (c) the sentencing date. This change benefits people who served time on supervision after release from prison.

New eligibility for certain violent offenses. Before 2019, virtually all violent offenses were barred. The Act added an exception for assault in the second degree, assault in the third degree, and robbery in the second degree, provided the conviction did not include a firearm, deadly weapon, or sexual motivation enhancement. The assault in the third degree exception is narrower than the other two: RCW 9.94A.640(2)(b)(ii) reaches that offense only when it was not committed against a law enforcement officer or peace officer, so an assault in the third degree conviction involving an officer stays barred. Subject to that limit, those convictions are now eligible for vacation under the standard Class B or Class C felony criteria.

Recidivist note. The Act also clarified that any conviction vacated on or after July 28, 2019, still counts as a prior conviction for purposes of charging a later recidivist offense, a rule codified in RCW 9.94A.640(4)(b).

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Misdemeanor and Gross Misdemeanor Vacation (RCW 9.96.060)

To vacate a misdemeanor or gross misdemeanor conviction in Washington, you must satisfy all of the following under RCW 9.96.060:

• You have completed all terms of the sentence, including payment of all legal financial obligations (LFOs).
• At least 3 years have passed since the later of: your release from supervision, your release from confinement, or your sentencing date. A 2024 amendment (Chapter 296, Laws of 2024, effective June 6, 2024) confirmed this 3-year clock runs from that date regardless of whether your legal financial obligations are fully paid; LFOs must still be satisfied under the sentence-completion requirement above, but no longer delay when the waiting period itself starts.
• You have not been convicted of a new crime in any state or federal court in the 3 years before the application.
• No criminal charges are pending against you in any court.
• The conviction is not for a violent offense or an attempt to commit one.
• The conviction is not for a DUI or physical control offense under RCW 46.61.502 or RCW 46.61.504.
• The conviction is not for a sex offense involving obscenity, child sexual exploitation, or most offenses under Chapter 9A.44 RCW.
• You are not currently restrained by a domestic violence protection order, a no-contact order, an antiharassment order, or a civil restraining order that restrains one party from contacting the other, and you were not previously restrained by such an order and found to have committed one or more violations of it in the 5 years before the vacation application. This bar sits in RCW 9.96.060(2)(i) and applies to every misdemeanor and gross misdemeanor applicant, not only to domestic violence cases.

Domestic violence convictions carry additional requirements. You must wait 5 years after completing the terms of the sentence, you cannot have more than one DV conviction (from separate incidents), and you must notify the prosecuting attorney's office before filing.

Cannabis misdemeanor vacation. Any person age 21 or older who was convicted of a misdemeanor cannabis offense (including possession under RCW 69.50.4014 or its predecessor statutes going back to 1971) may petition the sentencing court for vacation. If the applicant qualifies, the court shall vacate the conviction (RCW 9.96.060(5)). This mandatory language means the court has no discretion once eligibility is established.

Drug possession vacation after treatment. RCW 9.96.060(6) creates a second mandatory pathway that the cannabis provision does not cover. A person convicted of violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2)(b) or (c) qualifies by either completing a substance use disorder program and filing proof of completion with the court, or obtaining an assessment from a recovery navigator program under RCW 71.24.115, an arrest and jail alternative program under RCW 36.28A.450, or a law enforcement assisted diversion program under RCW 71.24.589 and then showing six months of substantial compliance with the recommended treatment or services, plus progress toward recovery goals, in a written status update. Upon verification, the court must vacate the conviction or convictions.

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Felony Vacation (RCW 9.94A.640)

Felony vacation in Washington requires a certificate of discharge under RCW 9.94A.637 before you can petition. Once you have been discharged, you may apply to the sentencing court if you meet the waiting period and have no disqualifying convictions.

Class C felonies: At least 5 years must have passed since the later of your release from community custody, your release from confinement, or your sentencing date. You must not have been convicted of any new crime in any jurisdiction in the 5 years preceding your application.

Class B felonies: The same structure applies, but the waiting period is 10 years. Additionally, the offense being vacated must not be a violent offense (except the assault in the second degree, robbery in the second degree, and non-officer assault in the third degree exceptions added by the New Hope Act) and must not have involved a firearm, deadly weapon, or sexual motivation enhancement.

Absolute bars. Washington law bars vacation of any conviction in these categories, regardless of waiting period: DUI and physical control offenses (RCW 46.61.502 and RCW 46.61.504); Class A felonies; and most offenses classified as sex offenses under RCW 9A.44.

Special pathway for trafficking and assault survivors. Victims of sex trafficking, commercial sexual abuse of a minor, sexual assault, or domestic violence may petition under RCW 9.94A.648 to vacate Class B or Class C felony convictions connected to their victimization, with modified criteria.

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Deleting Non-Conviction Records (RCW 10.97.060)

If you were arrested, cited, or charged but the case did not end in a conviction, Washington law provides a distinct deletion process through RCW 10.97.060. These records are separate from vacated convictions.

When a record becomes deletable. Non-conviction records become subject to deletion from the criminal justice agency files that are searched to answer criminal history inquiries once 2 years or longer have passed since the record became non-conviction data through the entry of a disposition favorable to the defendant, such as a dismissal or an acquittal. The alternative trigger is the passage of 3 years from the date of arrest or the issuance of a citation or warrant for an offense that produced no conviction, unless the defendant is a fugitive or the prosecuting attorney has certified that the case is under active prosecution.

Deletion is request-based, not automatic. Reaching one of those timelines makes the record eligible; it does not erase it. The statute provides that non-conviction data shall be deleted upon the request of the person who is the subject of the record, and it then lets the agency holding the data refuse, at its option, if: (a) the disposition was a deferred prosecution or similar diversion of the alleged offender, (b) the person has a prior conviction for a felony or gross misdemeanor, or (c) the person has been arrested for or charged with another crime during the intervening period. Completing a deferred prosecution is therefore not a favorable disposition that leads to deletion; it is the statute's first listed ground for refusing one. Separately, nothing in Chapter 10.97 RCW limits a court's authority to order the modification or deletion of a record through appropriate judicial proceedings.

To check the status of your Washington criminal history record, you can request a copy through the WSP WATCH system online at watch.wsp.wa.gov or by mail to WSP's Identification and Background Check Section, PO Box 42633, Olympia, WA 98504. The fee for a name-based check is $11 online.

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How to File a Vacation Petition in Washington

Washington courts use standardized forms published at courts.wa.gov. The process differs slightly by conviction type, but the general steps are:

1. Confirm eligibility. Review RCW 9.94A.640 (felonies) or RCW 9.96.060 (misdemeanors) to verify you meet the waiting period and have no disqualifying factors.
2. Obtain the correct forms. For misdemeanors, use CrRLJ 09.0100 (Petition and Declaration) and CrRLJ 09.0200 (Order). For felonies, use CR 08.0900 (Motion and Declaration) and CR 08.0920 (Order). All forms are available at courts.wa.gov/forms under "Vacating/Sealing Records."
3. File in the sentencing court. File your petition with the clerk of the court that originally sentenced you and, on the same day, serve a copy on the prosecuting attorney's office that handled your case.
4. Schedule a hearing. The court will set a date for a hearing on your petition. The prosecuting attorney has the right to object.
5. Attend the hearing. If the court grants the petition, the judge signs the vacation order.
6. Record update. The sentencing court clerk transmits the vacation order to the WSP and local law enforcement agencies. WSP updates its records so the conviction is not disclosed to non-law-enforcement entities.

Since the prosecutor you serve can object at that hearing, get a free consultation with a Washington criminal defense lawyer on preparing the petition and answering any objection (attorney advertising).

Local county superior courts may require additional documents. Contact your county court clerk or call CLEAR at 888-201-1014 for free or low-cost legal assistance in Washington.

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Disclaimer: This article covers Washington state law as of May 29, 2026. Laws change; this page describes the statutory framework under RCW 9.94A.640, RCW 9.96.060, and RCW 10.97.060 as in effect on that date. Nothing on this page is legal advice. Consult a licensed Washington attorney about your specific situation before filing any petition.

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Sources

The statutes cited in this article are drawn directly from the Washington State Legislature's Revised Code of Washington and official Washington State Courts publications.

• Washington Legislature, RCW 9.94A.640 - Vacation of offender's record of conviction: https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.640
• Washington Legislature, RCW 9.96.060 - Vacating records of conviction for misdemeanor and gross misdemeanor offenses: https://app.leg.wa.gov/RCW/default.aspx?cite=9.96.060
• Washington Legislature, RCW 10.97.060 - Deletion of certain information: https://app.leg.wa.gov/RCW/default.aspx?cite=10.97.060
• Washington Legislature, HB 1041 (New Hope Act), Chapter 331, Laws of 2019: https://app.leg.wa.gov/billsummary?BillNumber=1041&Year=2019
• Washington State Courts, Forms for Vacating/Sealing Records: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38
• Washington State Patrol, Criminal History Records: https://wsp.wa.gov/crime/criminal-history/

Related Articles

• Expungement Laws by State - full 50-state comparison hub
• DUI Expungement by State - All States Listed - Washington included
• How to Check If Your Record Has Been Expunged - step-by-step verification guide

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RecordingLaw.com provides legal information, not legal advice. Laws change; verify current rules with official sources or a licensed Washington attorney.

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Frequently Asked Questions

How do you expunge your record in Washington state?

Washington does not use the term expungement. The equivalent process is called vacating a conviction. You file a petition in the court that sentenced you using the appropriate court form (CrRLJ 09.0100 for misdemeanors or CR 08.0900 for felonies), serve the prosecuting attorney, and attend a hearing. If granted, the court vacates the judgment and you may state you were never convicted.

How do you vacate a conviction in Washington?

File the correct petition form in the original sentencing court, serve the prosecuting attorney on the same day, and attend the scheduled hearing. You must have completed your full sentence including payment of all legal financial obligations, met the applicable waiting period (3 years for most misdemeanors, 5 years for Class C felonies, 10 years for Class B felonies), and have no new criminal convictions or pending charges.

What does RCW 9.94A.640 cover?

RCW 9.94A.640 governs vacation of felony conviction records in Washington. It allows a person who has received a certificate of discharge under RCW 9.94A.637 to petition the sentencing court to vacate the record. Class C felonies require a 5-year wait; Class B felonies require a 10-year wait. Class A felonies, DUI offenses, and most sex offenses cannot be vacated.

What is the Washington New Hope Act?

The New Hope Act is the common name for HB 1041, enacted as Chapter 331, Laws of 2019, effective July 28, 2019. It expanded conviction vacation eligibility by creating new discharge pathways, clarifying that waiting periods run from the later of release from custody or sentencing, and adding an exception allowing vacation of assault in the second degree, robbery in the second degree, and assault in the third degree convictions that did not involve firearm, deadly weapon, or sexual motivation enhancements. The assault in the third degree exception applies only when the offense was not committed against a law enforcement officer or peace officer.

How long does it take to vacate a conviction in Washington?

Timeline varies by county and court docket. After you file your petition and serve the prosecutor, the court will schedule a hearing, which can take several weeks to several months depending on the county. If there is no objection from the prosecutor and you clearly meet eligibility, many petitions are resolved at the initial hearing. WSP record updates typically follow within a few weeks of the vacation order.

Can a DUI be expunged in Washington?

No. DUI convictions under RCW 46.61.502 and physical control convictions under RCW 46.61.504 cannot be vacated under either RCW 9.94A.640 (felonies) or RCW 9.96.060 (misdemeanors). Washington law expressly bars vacation of those offenses regardless of how much time has passed.

Can a felony be expunged in Washington state?

Washington does not expunge felonies, but Class B and Class C felony convictions can be vacated after the required waiting period (10 years for Class B, 5 years for Class C) under RCW 9.94A.640. Class A felonies, sex offenses, and DUI-related felonies cannot be vacated. Vacation requires a certificate of discharge and that you have no new convictions during the waiting period.

What happens to an arrest record if you were not convicted in Washington?

Non-conviction records (arrests, citations, and charges that did not result in a guilty finding) are governed by RCW 10.97.060. They become subject to deletion from WSP criminal history files 2 years after a disposition favorable to the defendant or 3 years after the arrest with no conviction, but deletion is not automatic: the statute requires it upon the request of the person who is the subject of the record. The agency may refuse if the disposition was a deferred prosecution or similar diversion, if you have a prior felony or gross misdemeanor conviction, or if you were arrested for or charged with another crime in the intervening period.