Washington Expungement Laws: How to Clear or Seal a Criminal Record

Washington's main remedy for convictions is "vacating" the conviction. The court lets the person withdraw the guilty plea (or sets aside the guilty verdict) and dismisses the charge. Misdemeanors are vacated under RCW 9.96.060 and felonies under RCW 9.94A.640. Non-conviction records can be deleted from criminal history files. Juvenile records are sealed. The Governor can grant pardons, and has run a special marijuana pardon program.

Criminal history that consists only of non-conviction data can be deleted from the criminal justice agency files used to answer background inquiries. It becomes eligible two years after a disposition favorable to the defendant, or three years after the arrest, citation or warrant if no conviction resulted. Exceptions apply if the person is a fugitive or the case is under active prosecution. The deletion is made at the person's request. The agency may refuse if the case ended in deferred prosecution or diversion, if the person has a prior felony or gross misdemeanor conviction, or if the person was arrested or charged again in the meantime. Courts may also order records modified or deleted.

Anyone convicted of a misdemeanor or gross misdemeanor may petition the sentencing court to vacate the conviction, and the court has discretion to grant it. The person must have completed the sentence, including paying financial obligations, and must have no pending charges. At least three years must have passed since the latest of sentencing, release from confinement, or release from supervision, with no new conviction in the last three years. Not eligible: violent offenses, DUI and physical-control offenses, and sex offenses (other than failure to register). Domestic-violence offenses have extra limits: the person must notify the prosecutor, must not have two or more DV convictions from separate incidents, and must wait five years after completing the sentence conditions. A person currently restrained by certain protection orders, or found to have violated one in the past five years, is not eligible.

A person who has received a certificate of discharge may ask the sentencing court to vacate a felony conviction. Class C felonies require five years since the latest of sentencing, release from confinement, or release from community custody, with no new conviction in the last five years. Class B felonies require ten years on both counts. Violent offenses and crimes against persons are not eligible. The exceptions are second-degree assault, third-degree assault (not against an officer), and second-degree robbery, if there was no firearm, deadly weapon or sexual motivation enhancement. Felony DUI and felony physical control cannot be vacated. Pending charges also bar relief. The statute's waiting periods cover only class B and C felonies.

There is no automatic vacation of adult convictions. The court instructions say the law does not automatically vacate a conviction, and a petition must be filed. For juveniles, the court holds regular administrative sealing hearings and seals eligible records without the person needing to attend. The court must also immediately seal juvenile court records after an acquittal or a dismissal with prejudice.

No. Misdemeanor DUI (RCW 46.61.502) and actual physical control (RCW 46.61.504) cannot be vacated. Neither can other offenses counted as a "prior offense" under the DUI sentencing law, if there was a later alcohol or drug violation within ten years or ten years have not yet passed since the arrest. Felony DUI and felony physical control cannot be vacated either.

At disposition, the juvenile court schedules an administrative sealing hearing for after the latest of these: the youth's 18th birthday, the end of probation, or release from Juvenile Rehabilitation or parole. At that hearing the court must seal the record if the person is off supervision and has paid restitution owed to the individual victim. If restitution is unpaid, sealing is denied with instructions, and the person can request sealing again once it is paid. Administrative sealing does not apply to most serious offenses, sex offenses, or drug offenses. Those records may be sealed through other provisions not reviewed here. Records are sealed immediately after an acquittal or a dismissal with prejudice, except dismissals of deferred dispositions.

File a petition in the court that imposed the sentence. For misdemeanors, use the Petition and Declaration for Order Vacating Conviction (CrRLJ 09.0100) with the Notice of Hearing and proposed Order. Cannabis convictions have a separate petition. For felonies, use the Motion and Declaration for Order Vacating Record of Felony Conviction. Domestic-violence petitions must be served on the prosecutor's office. Once vacation is granted, the clerk sends the order to the Washington State Patrol and local police, which update their records and forward the order to the FBI.

After vacation, the person is released from all penalties and disabilities of the offense, and the offense is not counted in their criminal history for future sentencing. For all purposes, including job and housing applications, the person may say they have never been convicted of that crime. The State Patrol and local law enforcement may not release a vacated conviction to anyone except other criminal justice agencies. A vacated conviction can still be used in a later criminal prosecution in some cases. Vacations on or after July 28, 2019 count as a prior conviction for recidivist charges. Vacation does not by itself restore firearm rights, which follow a separate process under RCW 9.41.040 and 9.41.041.

The Governor holds the constitutional power to grant clemency. People seeking a pardon generally apply through the Clemency and Pardons Board. According to the Governor's office, a pardoned conviction is removed from the criminal history report available to the public. It stays on a separate history available to law enforcement and others entitled to non-conviction data. A pardon does not remove the conviction from court files and does not let the person say they were never convicted.

Anyone convicted of a misdemeanor cannabis offense who was 21 or older at the time may ask the sentencing court to vacate it, and the court must grant the request if the person qualifies. This covers possession under RCW 69.50.4014 and earlier versions of that law, as well as equivalent city ordinances. There is a separate court form for it. Separately, the Governor's Marijuana Justice Initiative offered expedited pardons for people whose only conviction was a single adult misdemeanor marijuana possession prosecuted under state law between January 1, 1998 and December 5, 2012. Courts must also vacate certain drug-possession convictions once the person completes substance use treatment or certain diversion programs.

The Washington State Patrol (WSP) Identification and Background Check Section keeps state criminal history. To inspect your complete record in person, go to WSP in Olympia (Helen Sommers Building, 106 11th Ave SW, Suite 1300; Monday-Friday 8 a.m.-5 p.m., closed noon-1 p.m.); there is no fee, but you must provide fingerprints. By mail, a copy of your full (non-conviction) record costs $12 with a fingerprint card, sent to Washington State Patrol, Identification and Background Check Section, PO Box 42633, Olympia, WA 98504-2633. WSP's online WATCH system returns a conviction-record check immediately for $11; conviction records by mail or in person cost $32 (name and date of birth) or $58 (fingerprints). Phone: (360) 534-2000.