Washington (WA) — Expungement & Record Clearing

Remedy

Deletion of nonconviction data from criminal justice agency files by request to WSP / law enforcement (RCW 10.97.060); non-dissemination of dismissals and arrests over 1 year old to the public (WSP CHRI policy)

Waiting period

2 years since the record became nonconviction data through a disposition favorable to the defendant, or 3 years from the date of arrest, citation, or warrant when no conviction was obtained

Public background checks through the Washington State Patrol (WATCH) already exclude non-conviction dispositions and arrests more than one year old without a pending disposition. In addition, a person may request deletion of non-conviction data from WSP and local law-enforcement files once 2 years have passed since a favorable disposition (such as a dismissal or acquittal not based on insanity) was entered, or 3 years have passed since the date of arrest, citation, or warrant if no conviction was obtained and the case is not actively prosecuted. However, the agency may refuse deletion if the disposition was a deferred prosecution or similar diversion, if the person has a prior felony or gross misdemeanor conviction, or if the person was arrested or charged with another crime during the waiting period. Deleting law-enforcement non-conviction data does not destroy or seal the court file.

• ✗Disposition was a deferred prosecution or similar diversion
• ✗Prior conviction for a felony or gross misdemeanor
• ✗Arrested for or charged with another crime during the intervening waiting period
• ✗Defendant is a fugitive or the case is under active prosecution
• ✗Dismissal entered after probation, suspension, or deferral of sentence is considered adverse and is not non-conviction data

Sources: Washington State Patrol: Criminal History (Who Can Request Criminal History Reports?; Updating Existing Criminal History Record Information — Dismissal); RCW 10.97.060 (Washington State Legislature) (RCW 10.97.060; RCW 10.97.060(1)–(3))

Remedy

Vacation of misdemeanor or gross misdemeanor record of conviction by petition to the sentencing court (RCW 9.96.060)

Waiting period

3 years after the latest of release from supervision or probation, release from total and partial confinement, or sentencing date (5 years after completing non-financial sentence terms for a qualifying domestic-violence misdemeanor; no waiting period for adult 21+ misdemeanor cannabis convictions under RCW 9.96.060(5))

A person convicted of a misdemeanor or gross misdemeanor may apply to the sentencing court to vacate the record of conviction once all sentence terms, including financial obligations, are completed and 3 years have passed since the latest of release from supervision/probation, release from total and partial confinement, or sentencing (5 years after completing non-financial sentence conditions for an eligible single domestic-violence conviction). The applicant must have no pending criminal charges, no new convictions in the 3 years before applying, and no current restraining/protection order (or violation of one in the prior 5 years). Misdemeanor cannabis convictions committed at age 21 or older must be vacated upon application without the standard waiting period. Once vacated, the person may state for all purposes — including employment and housing applications — that they were never convicted of that crime.

• ✗Violent offenses as defined in RCW 9.94A.030 or attempts to commit a violent offense
• ✗DUI (RCW 46.61.502) or physical control while under the influence (RCW 46.61.504)
• ✗Sex offenses (Ch. 9A.44 RCW, except failure to register under RCW 9A.44.132), obscenity/pornography (Ch. 9.68 RCW), or sexual exploitation of children (Ch. 9.68A RCW)
• ✗Two or more domestic violence convictions stemming from different incidents
• ✗Pending criminal charges or any new crime conviction in the 3 years prior to the vacation application
• ✗Current domestic violence protection, no-contact, antiharassment, or civil restraining order, or a violation of such an order in the prior 5 years

Source: RCW 9.96.060 (Washington State Legislature) (RCW 9.96.060(2); RCW 9.96.060(2)(a)–(e); RCW 9.96.060(2)(f)(ii), (iv); RCW 9.96.060(2)(f)(iv), (g), (h); +1 more)

Remedy

Vacation of offender's record of conviction after Certificate of Discharge (RCW 9.94A.640)

Waiting period

5 years (Class C felony) or 10 years (Class B felony) after the latest of release from community custody, release from full and partial confinement, or sentencing date, with no new convictions in the 5 or 10 years prior to the application

Under the New Hope Act reforms to RCW 9.94A.640, an offender who has received a Certificate of Discharge under RCW 9.94A.637 may apply to the sentencing court to vacate a qualifying Class B or Class C felony. For a Class C felony, 5 years must have passed since the latest of release from community custody, release from full and partial confinement, or the sentencing date, with no new crime convictions in the 5 years before the application. For a Class B felony, the wait and conviction-free lookback is 10 years. Class A felonies, most violent offenses (RCW 9.94A.030), and crimes against persons (RCW 43.43.830) cannot be vacated, except that Assault 2nd Degree, Assault 3rd Degree (not against a law enforcement/peace officer), and Robbery 2nd Degree may be vacated if they did not include a firearm, deadly weapon, or sexual motivation enhancement.

• ✗All Class A felonies
• ✗Violent offenses (RCW 9.94A.030) and crimes against persons (RCW 43.43.830), except Assault 2, Assault 3 (not against a peace officer), and Robbery 2 without a firearm, deadly weapon, or sexual motivation enhancement
• ✗Felony DUI or felony physical control (RCW 46.61.502(6) or 46.61.504(6))
• ✗Pending criminal charges in any state or federal court
• ✗Any new crime conviction within the 5-year (Class C) or 10-year (Class B) lookback prior to application

Source: RCW 9.94A.640 (Washington State Legislature) (RCW 9.94A.640(1); RCW 9.94A.640(2)(b); RCW 9.94A.640(2)(c)–(g); RCW 9.94A.640(4)(a))

Remedy

DUI convictions cannot be vacated (RCW 9.96.060(2)(d), RCW 9.94A.640(2)(g)); reduced 'prior offense' charges (such as reckless or negligent driving reduced from DUI) may be vacated 10 years after the arrest date if no subsequent alcohol or drug violation occurred

Waiting period

Not available for DUI or physical control convictions; 10 years from the date of arrest (plus 3 years after completing sentence terms) for a reduced 'prior offense' under RCW 46.61.5055

A conviction for driving under the influence (RCW 46.61.502) or physical control of a vehicle while under the influence (RCW 46.61.504) — whether a gross misdemeanor or a felony — is permanently excluded from vacation in Washington. However, if a DUI charge was amended and the person was convicted of a lesser offense defined as a "prior offense" under RCW 46.61.5055 (such as reckless driving or first-degree negligent driving amended from DUI), that conviction can be vacated under RCW 9.96.060 if at least 10 years have elapsed since the date of arrest for the prior offense, the applicant has had no subsequent alcohol or drug violation within 10 years of the arrest, and all standard 3-year misdemeanor vacation rules are met. A DUI dismissed through a deferred prosecution cannot be deleted from WSP non-conviction records under RCW 10.97.060(1).

• ✗All convictions under RCW 46.61.502 (DUI), RCW 46.61.504 (physical control while under the influence), or RCW 9.91.020
• ✗Any 'prior offense' under RCW 46.61.5055 if less than 10 years have passed since the arrest date or if the person had a subsequent alcohol or drug violation within 10 years of the arrest
• ✗Deferred prosecution dispositions may be refused non-conviction deletion under RCW 10.97.060(1)

Sources: RCW 9.96.060 (Washington State Legislature) (RCW 9.96.060(2)(d)); RCW 9.94A.640 (Washington State Legislature) (RCW 9.94A.640(2)(g)); RCW 10.97.060 (Washington State Legislature) (RCW 10.97.060(1))

Remedy

Mandatory vacation for adult (21+) misdemeanor cannabis convictions (RCW 9.96.060(5)); treatment-based vacation for controlled-substance possession convictions (RCW 9.96.060(6)); standard misdemeanor (3-year) or felony (5/10-year) vacation (RCW 9.96.060(2), RCW 9.94A.640)

Waiting period

None for adult (21+) misdemeanor cannabis offenses under RCW 9.96.060(5); upon completion of a substance use disorder program or 6 months of substantial compliance with recovery services under RCW 9.96.060(6); otherwise 3 years (misdemeanor), 5 years (Class C felony), or 10 years (Class B felony)

Washington provides three paths to vacate drug possession convictions, in addition to vacating pre-2021 simple possession convictions rendered unconstitutional under State v. Blake. First, anyone convicted of a misdemeanor cannabis offense who was 21 or older at the time of the offense may apply to the sentencing court, and the court must vacate the conviction without a waiting period. Second, under RCW 9.96.060(6), a person convicted of drug possession under RCW 69.50.4013, 69.50.4014, 69.50.4011(1)(b)/(c), or 69.41.030(2)(b)/(c) who completes a substance use disorder program (or obtains an assessment from a recovery navigator, arrest and jail alternative, or LEAD program and has 6 months of substantial compliance) is entitled to mandatory vacation upon verification. Third, other drug convictions qualify for standard misdemeanor vacation after 3 years or Class C/B felony vacation after 5 or 10 years.

• ✗Class A felony drug offenses cannot be vacated under RCW 9.94A.640
• ✗Standard vacation under RCW 9.96.060(2) or RCW 9.94A.640 requires completion of sentence terms and no pending criminal charges

Source: RCW 9.96.060 (Washington State Legislature) (RCW 9.96.060(5); RCW 9.96.060(6))

Remedy

Regular administrative sealing hearings and motion sealing of juvenile records (RCW 13.50.260); automatic destruction of eligible juvenile diversion and pardoned records (RCW 13.50.270)

Waiting period

Administrative sealing: latest of 18th birthday, end of probation, or release from juvenile rehabilitation/parole. Motion sealing: 2 consecutive years in the community without conviction (Class B/C, gross misdemeanor, misdemeanor, diversion) or 5 consecutive years (eligible Class A offenses). Immediate upon acquittal or dismissal with prejudice.

At disposition, the juvenile court schedules an administrative sealing hearing for the first regular sealing calendar after the latest of the youth's 18th birthday, anticipated end of probation, or anticipated release from juvenile rehabilitation/parole, unless the offense was a 'most serious offense,' a sex offense (Ch. 9A.44 RCW), or a felony drug offense (RCW 9.94A.030). At the administrative hearing (where the youth need not appear), the court seals the record if the youth is off supervision and has paid full restitution owed to an individual victim (excluding insurance or health-care entities). Juvenile acquittals and dismissals with prejudice are sealed immediately. Anyone whose record was not administratively sealed may file a motion to seal after 2 consecutive crime-free years in the community for Class B, Class C, gross misdemeanor, misdemeanor, or diversion cases, or 5 consecutive years for Class A offenses (excluding 1st/2nd degree rape and forcible indecent liberties). Once sealed, the proceedings are treated as if they never occurred, though a subsequent adjudication or adult felony charge nullifies the sealing order.

• ✗Administrative sealing excludes 'most serious offenses' (RCW 9.94A.030), sex offenses (Ch. 9A.44 RCW), and drug offenses (RCW 9.94A.030) — these require a motion to seal under RCW 13.50.260(3)–(4)
• ✗Motion sealing permanently excludes 1st degree rape, 2nd degree rape, and indecent liberties committed with forcible compulsion
• ✗Sex offenses require that the person is no longer required to register or has been relieved of the duty to register
• ✗Unpaid restitution owed to an individual victim (excluding insurance/health-care providers) blocks sealing until paid
• ✗Any subsequent juvenile adjudication or adult crime conviction, or the charging of an adult felony, nullifies a juvenile sealing order

Source: RCW 13.50.260 (Washington State Legislature) (RCW 13.50.260(1)(b)–(d); RCW 13.50.260(1)(c)–(d); RCW 13.50.260(2); RCW 13.50.260(4)(a)–(b); +1 more)