State Guide
Washington State occupies a distinctive position in the national landscape of criminal record relief. The state does not use the term "expungement" in its statutes. Instead, Washington law provides for a process called "vacation of conviction," and understanding what that term means — and what it does not mean — is the essential starting point for anyone seeking to clear a Washington criminal record.
Vacation is not expungement in the traditional sense. When a conviction is vacated in Washington, the underlying court record is not destroyed. The physical case file continues to exist in the courthouse where the judgment was entered. What changes is the legal status of the conviction itself: the court withdraws the guilty plea or verdict, dismisses the charges, and enters a vacation order. The effect on the Washington State Patrol's public records database is that the conviction should no longer appear in public-facing record checks.
The process is governed primarily by RCW 9.96.060 for felony convictions and RCW 9.96.080 for misdemeanor convictions, with additional provisions in RCW 9.94A.640 specifically addressing drug offenses. For a complete guide to eligibility requirements and the filing process in Washington, visit the Washington expungement guide.
The terminology difference between Washington and most other states is not merely semantic. In a vacated-conviction framework, the court is taking the legal position that the conviction itself has been set aside — that the original judgment no longer has its full legal force. This is conceptually different from expungement, which tends to focus on the destruction of records, or sealing, which hides records without altering the underlying judgment.
From a practical standpoint, the vacation of a conviction entitles the individual to answer "no" on most applications that ask whether they have been convicted of a crime. Washington law explicitly provides this right, and it applies to most private employment applications, rental applications, college admissions forms, and similar contexts. The person whose conviction has been vacated may truthfully represent that they have not been convicted of that offense — because the conviction has, in a legal sense, ceased to exist.
The nuance is that vacation does not mean complete erasure from every possible source. Court records still exist. The underlying facts of the case remain documented in court files accessible to anyone who looks in the right place. And as discussed below, certain federal systems and databases may still reflect the original conviction. But for the day-to-day purposes that most people care about most — getting a job, renting an apartment, applying to school — vacation provides genuine and meaningful relief.
Washington's felony vacation statute divides eligible offenses into two tiers based on felony class, with separate waiting periods and eligibility criteria for each.
Class C felonies — the least serious felony category in Washington — are eligible for vacation after a waiting period of five years from the date of discharge. "Discharge" in this context means the completion of all sentence conditions, including any probation or supervision period, payment of all fines and legal financial obligations, and release from any custody requirement. The five-year clock begins running from the date of discharge, not from the date of conviction or sentencing.
Class B felonies carry a longer waiting period of 10 years from discharge. These are more serious offenses, and the legislature has determined that a decade of law-abiding conduct is the appropriate demonstration of rehabilitation before relief is available. During that 10-year period, any new conviction resets the waiting period and may affect overall eligibility depending on the nature of the new offense.
Class A felonies are categorically ineligible for vacation under Washington law. This is an absolute bar — murder, rape in the first degree, robbery in the first degree, and other Class A offenses cannot be vacated regardless of how much time has passed, how complete the rehabilitation, or how compelling the circumstances. Washington has made a definitive policy choice that for its most serious offenses, the public's interest in maintaining accessible records is permanent and unchallengeable.
Washington's misdemeanor vacation statute provides somewhat more accessible relief for a broader range of people. Most misdemeanor convictions become eligible for vacation after three years have passed from the date of conviction — not from the date of discharge, which is a meaningful distinction. The three-year period begins running from the conviction date even if the person was still serving probation or paying fines at that point.
Domestic violence misdemeanors are subject to a longer waiting period of five years from the date of conviction, along with additional substantive requirements. Given the Washington legislature's particular concern about domestic violence, the additional time requirement reflects the view that this category of offense warrants more scrutiny and a longer demonstrated period of non-recidivism before relief is appropriate.
For most misdemeanors, the eligibility criteria beyond the waiting period include requirements that the petitioner has no pending criminal charges, has not been convicted of a new crime after the conviction sought to be vacated, and is not the subject of any restraining or protective orders related to domestic violence. These requirements ensure that vacation is sought by individuals who have genuinely moved past the conduct that led to the original conviction.
Washington law establishes a set of categorical exclusions from vacation eligibility that no court has authority to override. These exclusions are defined in the vacation statutes and represent the legislature's determination that for these categories of offense, public access to the record must remain permanent.
Sex offenses that require registration on the Washington State sex offender registry under RCW 9A.44.130 are ineligible for vacation. The registration requirement and the public record status are intended to work together as a public safety measure, and the legislature has concluded that allowing vacation of registrable sex offenses would undermine the purposes of the registration system.
Crimes against children are excluded from vacation eligibility. This category includes a range of offenses involving child victims, and the exclusion reflects the particular severity with which Washington law treats crimes that harm the most vulnerable members of society.
DUI (driving under the influence) convictions and physical control of a vehicle while under the influence are excluded from vacation under Washington law. This is consistent with the approach taken by many states — impaired driving records are treated as carrying a permanent public interest in accessibility, given the safety implications for future employment contexts like commercial driving and professional licensing.
Violent offenses as defined under RCW 9.94A.030 are excluded from vacation. This definition encompasses murder in all degrees, manslaughter, assault in the first degree, robbery in the first degree, and other serious violent crimes. The violent offense exclusion overlaps significantly with the Class A felony exclusion, reinforcing that Washington's most serious crimes are off-limits for vacation relief.
A conviction from before the one sought to be vacated, if it occurred after the offense being petitioned, also creates a bar. If the person has been convicted of any other offense since the conviction they are trying to vacate, they are ineligible unless the subsequent conviction itself has been vacated. This "clean record" requirement between the petitioned conviction and the present is one of Washington's stricter requirements and can create practical complications for individuals with complex criminal histories.
The primary record-keeping system that vacation affects in Washington is the Washington State Patrol's (WSP) central repository of criminal history records. When a court enters a vacation order, it notifies the WSP, which is responsible for updating the state's central database. After the update, the vacated conviction should no longer appear in a standard WSP record check — the type of check that most Washington employers, landlords, and others rely on.
Washington law is explicit that a person whose conviction has been vacated may answer "no" on most applications asking about prior criminal history. This right to deny is one of the most practically valuable aspects of vacation, as it removes the obligation to disclose a conviction that would otherwise require explanation and might lead to automatic disqualification from consideration for employment or housing.
The WSP also operates a publicly searchable database, and vacation should result in the removal of the vacated conviction from public-facing searches. This is particularly important because Washington is one of relatively few states where the state police maintain a database that members of the public — including employers — can query directly. The removal of a vacated conviction from that database provides direct, concrete relief.
Despite the meaningful relief that vacation provides in Washington's own systems, there are several important limitations that petitioners should understand before concluding that vacation will resolve all consequences of their criminal history.
Federal databases maintained by the FBI, including the National Crime Information Center, operate independently of Washington state records. When a Washington court vacates a conviction, that vacation order is directed to Washington state agencies. Federal systems receive notification in theory, but the reliability and speed of federal database updates following state vacation orders is inconsistent. For individuals applying for federal employment, military service, positions requiring security clearances, or certain federally regulated industries, the vacated conviction may still appear in a federal background investigation.
Federal immigration law also presents an important limitation. For non-citizens, the vacation of a Washington conviction does not necessarily eliminate the immigration consequences of that conviction. Federal immigration law makes its own determination of whether a conviction exists for immigration purposes, and that determination is governed by federal law, not state law. A non-citizen who has a conviction vacated in Washington should consult with an immigration attorney before assuming that the vacation has resolved any immigration consequences.
Out-of-state background check companies present another practical concern. Private background check services compile records from a variety of sources, some of which may not receive or process vacation notices with the same promptness as the WSP's own database. Even after a vacation order is entered, some commercial background check services may continue to reflect the vacated conviction until their own databases are updated. Petitioners who have obtained a vacation order and still find the conviction appearing on a background check may need to dispute the record directly with the background check company, providing a copy of the court's vacation order.
The petition for vacation is filed in the court that entered the original judgment — meaning the Superior Court for felony convictions and the applicable District or Municipal Court for misdemeanor convictions. Washington courts use standardized petition forms, and the clerk's office in any Washington court can provide the appropriate form for the jurisdiction.
Filing fees vary by county and by court type. Superior Court filings typically run from $120 to $350 depending on the county. Municipal and District Court fees are generally lower. Fee waiver provisions may be available for petitioners who can demonstrate financial hardship, though the availability and procedure for fee waivers varies by court.
After the petition is filed, the prosecuting attorney for the relevant jurisdiction is notified and has an opportunity to respond. In many uncontested cases, the prosecution does not oppose the petition, particularly for older offenses where rehabilitation is clear and the offense was relatively minor. In contested cases, the prosecution may file objections and present arguments at a hearing as to why vacation is not appropriate.
Whether or not the prosecution objects, the court generally schedules a hearing at which it reviews the petition and confirms that eligibility requirements are met. Some courts handle uncontested petitions on a calendar without requiring in-person appearance. Others require the petitioner to appear. Local practice varies, and checking with the specific court before the hearing date is advisable.
Once the court grants the petition, it issues the vacation order and distributes copies to the Washington State Patrol and local law enforcement as required by statute. The state records update typically takes some weeks to process, and the petitioner should follow up to verify that the WSP database reflects the vacation before representing to employers or others that their record is clear.
Drug offense convictions in Washington are addressed in part through RCW 9.94A.640, which provides a pathway for vacation of certain drug-related sentences. This statute has particular relevance in light of the Washington Supreme Court's 2021 Blake decision, which invalidated Washington's simple possession statute as unconstitutional. The Blake decision led to a wave of vacation petitions for possession convictions, and the legislature subsequently addressed the aftermath through amendments to the criminal code.
For drug offenses that fall outside the Blake decision but remain eligible under the regular vacation statutes, the standard waiting periods and eligibility criteria apply. An individual with a drug-related felony conviction should evaluate both the standard felony vacation statute under RCW 9.96.060 and the drug-specific provisions under RCW 9.94A.640 to determine which pathway is most appropriate.
Washington's vacation framework, while more limited in its approach to record destruction than expungement statutes in other states, provides real and meaningful relief for the many Washington residents whose records stem from older convictions where rehabilitation is clear and the public interest in maintaining accessible records is diminished. The process is accessible, the petition forms are standardized, and for eligible convictions, vacation may be the most important step an individual can take toward removing the barriers that an old criminal record creates.
The eligibility check takes under 2 minutes. No obligation, no cost.
About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
Results disclosure
Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
Communication consent
By submitting a consultation request, you consent to be contacted by Fresh Start Expungement via phone, email, or SMS regarding your inquiry. Message and data rates may apply. You may opt out at any time by replying STOP.
