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

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed August 20, 20269 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

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 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.

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 , 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.

a document with several lines blacked out beside a pen

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 . Those records are eligible for deletion either upon request (if no disqualifying factors apply) or automatically after two years from a favorable disposition or three years from arrest if no conviction resulted.

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. 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).

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:

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  • 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 or .
  • The conviction is not for a sex offense involving obscenity, child sexual exploitation, or most offenses under Chapter 9A.44 RCW.

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), there must be no active no-contact or protection order against you, 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 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.

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 and robbery 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 ( and ); 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.

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 . These records are separate from vacated convictions.

Automatic timelines. Non-conviction records must be deleted from WSP criminal history files when either 2 years have passed since a favorable disposition (dismissal, acquittal, or deferred prosecution completion) or 3 years have passed since the date of arrest or citation with no conviction resulting. WSP retains the records if the subject is a fugitive or the prosecution certifies the case is still active.

Voluntary deletion. You may also request deletion before the automatic timeline expires. WSP may refuse if: (a) the disposition involved a deferred prosecution or similar diversion program, (b) you have prior felony or gross misdemeanor convictions on file, or (c) you were arrested for or charged with another crime during the period between the arrest and your deletion request.

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.

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:

a stack of certified mail envelopes with return receipt cards

  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.

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.

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.

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.

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

More Washington Laws

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 certain assault and robbery convictions that did not involve firearm, deadly weapon, or sexual motivation enhancements.

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 are eligible for deletion from WSP criminal history files, either automatically (2 years after a favorable disposition or 3 years after arrest) or upon request. You can also ask WSP to delete the record before those timelines expire, though WSP may decline if you have prior convictions or were charged with another offense in the interim.

Updates

Added a note that a 2024 Washington law (Chapter 296, Laws of 2024) decoupled the misdemeanor vacation waiting period from full payment of legal financial obligations, and corrected three wrong RCW pin-cites (cannabis vacation is RCW 9.96.060(5), not (4); the recidivist-use rule is RCW 9.96.060(8)(c) and RCW 9.94A.640(4)(b), not the nonexistent subsections previously cited).

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. RCW 9.94A.640 - Vacation of offender record of conviction(app.leg.wa.gov)
  2. RCW 9.96.060 - Vacating records of conviction for misdemeanor and gross misdemeanor offenses(app.leg.wa.gov)
  3. RCW 10.97.060 - Deletion of nonconviction data(app.leg.wa.gov)
  4. HB 1041 New Hope Act, Chapter 331 Laws of 2019(app.leg.wa.gov)
  5. Washington State Courts - Vacating and Sealing Records Forms(courts.wa.gov)
  6. Criminal History Records - Washington State Patrol(wsp.wa.gov)
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