Clearing a DUI From Your Record in Washington
Whether a DUI or DWI conviction can be expunged or sealed in Washington, and what to do instead if it can't.
Short answer: 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… RCW 9.96.060(2)(d); RCW 9.94A.640(2)(g)
| DUI / DWI convictions | 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. |
|---|---|
| How to apply | 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. |
Where to get help in Washington
More Washington expungement & criminal records
- Getting a Copy of Your Washington Criminal Record
- Expunging or Sealing a Felony in Washington
- How to File for Expungement in Washington
- Sealing or Expunging Juvenile Records in Washington
- All Washington expungement & criminal records rules
FAQ
Can a DUI be expunged in Washington?
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.
How do you file for expungement in Washington?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.