Washington Expungement Laws: How to Vacate a Conviction (2026)
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.
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(3)(f); RCW 9.94A.640(4)).
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 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).
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.
- 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.
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 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(4)). 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 (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.
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.
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:
- 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.
- 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."
- 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.
- Schedule a hearing. The court will set a date for a hearing on your petition. The prosecuting attorney has the right to object.
- Attend the hearing. If the court grants the petition, the judge signs the vacation order.
- 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.
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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/
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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.