Expunging or Sealing a Felony in Washington
Which felony convictions can be expunged or sealed in Washington, the waiting period, and how to file.
Short answer: A person who has received a certificate of discharge may ask the sentencing court to vacate a felony conviction. RCW 9.94A.640
| Felony convictions | 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. Source: RCW 9.94A.640 |
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| 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. |
| What clearing a record does | 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. A vacated conviction may still have consequences under federal immigration law. |
Where to get help in Washington
More Washington expungement & criminal records
- Getting a Copy of Your Washington Criminal Record
- Clearing a DUI From Your Record 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 felony be expunged in Washington?
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.
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.
What happens after a record is expunged or sealed in Washington?
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.
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.