How to 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.

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.

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.