Washington Expungement
Washington Vacation of Conviction: Clear Your Criminal Record
Washington State uses the term "vacation" rather than "expungement" to describe the process of clearing a criminal record, and the terminology reflects a meaningful legal distinction. When a Washington court vacates a conviction, the conviction is withdrawn and the charges are dismissed — the practical effect is similar to an expungement in other states, and the person may thereafter state that they were not convicted of the offense in most contexts. Two separate statutes govern this process: RCW 9.94A.640 covers Class B and Class C felony convictions; RCW 9.96.060 covers misdemeanor and gross misdemeanor convictions. Washington also has a specific marijuana expungement framework tied to the state's legalization of cannabis and the retroactive relief authorized through Initiative 502 and expanded by SB 5476 in 2021. Our specialists work with clients across Washington to determine which statute applies and whether the waiting periods and eligibility criteria under current law have been satisfied.
Who Qualifies in Washington
Eligibility Requirements
Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.
To vacate a felony conviction under RCW 9.94A.640, you must have received a discharge from community custody, or have been sentenced to a non-incarceration sentence and have satisfied all conditions, and at least 10 years must have passed since your release from confinement or community custody or sentencing, whichever is most recent.
For Class C felony vacations, a 5-year waiting period applies after discharge or sentencing rather than the 10-year requirement for Class B felonies, provided you meet all other eligibility criteria.
You must not have been convicted of any new crime during the waiting period following the conviction you seek to vacate, and you must not have any pending criminal charges in any court at the time of your application.
For misdemeanor and gross misdemeanor vacation under RCW 9.96.060, a 3-year waiting period applies after the sentence is completed, and you must not have been convicted of any new crime during that period and must have no pending criminal charges.
Washington's marijuana expungement framework covers convictions for possession of 40 grams or less of marijuana that are no longer criminal offenses under state law, and those convictions may be vacated through a streamlined petition process at no cost to the petitioner.
The offense must not have been a violent offense as defined in RCW 9.94A.030, a crime against persons as defined in RCW 43.43.830, or an offense that included a firearm, deadly weapon, or sexual motivation enhancement, as all of these factors disqualify a conviction from vacation under the general provisions of RCW 9.94A.640.
Important exceptions: Washington's vacation statute is explicit and strict in what it excludes. Violent offenses as defined in RCW 9.94A.030 — a broad category that includes assault, robbery, kidnapping, arson, and a substantial number of other crimes — cannot be vacated regardless of the passage of time. Class A felony convictions are also ineligible; only Class B and Class C felony convictions fall within the scope of RCW 9.94A.640. Any conviction involving a firearm enhancement, deadly weapon enhancement, or sexual motivation enhancement is disqualified. Offenses against persons under RCW 43.43.830, which includes most crimes with individual victims, are categorically excluded. Washington's vacation remedy removes the conviction from most public-facing background check databases, but law enforcement, prosecutors, immigration authorities, and certain licensing boards retain access to the underlying record and may treat a vacated conviction as a prior offense in subsequent proceedings.
How It Works
The Washington Process
We obtain your Washington State criminal history from the Washington State Patrol and analyze each conviction against the applicable waiting periods and eligibility criteria of RCW 9.94A.640 or RCW 9.96.060, identifying which convictions may be vacated and whether the marijuana streamlined process is available for any cannabis-related entries.
We prepare and file the motion to vacate in the superior court of the county where the conviction was entered; the prosecutor's office is served and given an opportunity to respond, and the court sets a hearing date — typically within 45 to 90 days — at which the judge considers the motion and any objections before entering an order granting or denying vacation.
After the court enters the vacation order, we transmit certified copies to the Washington State Patrol, the local law enforcement agency, and all other agencies identified in the order; the State Patrol updates the criminal history repository, and we advise you on Washington law's provision allowing you to answer questions about the vacated conviction by stating that you were not convicted of that offense.
Typical Timeframe
3–6 Months
Legal Reference
Governing Statute
The primary legal authority governing expungement in Washington is RCW 9.94A.640 (Vacation of Felony Conviction); RCW 9.96.060 (Vacation of Misdemeanor Conviction); RCW 69.50.4014 (Marijuana Possession Vacation). This page was last reviewed on January 15, 2025.
State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.
Related Reading
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Expungement in Other States
California
Clear your California criminal record under Penal Code § 1203.4. Learn eligibility requirements, timelines (2–4 months) for CA expungement.
Texas
Texas expunction removes arrests from your record; nondisclosure seals eligible convictions. Learn eligibility and timelines for Texas record clearing.
Florida
Florida offers record sealing (§ 943.059) and expungement (§ 943.0585) for eligible offenses. Timelines 4–6 months.
New York
New York offers sealing of up to 2 convictions under CPL § 160.59 after a 10-year clean period. Learn eligibility and timelines (6–18 months).
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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.
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