How do I expunge a criminal record in Washington?

Washington offers vacation of convictions rather than true expungement, under RCW 9.94A.640 (felonies) and RCW 9.96.060 (misdemeanors).

1. Misdemeanor Vacation — RCW 9.96.060

Eligible if:

All sentence terms completed (probation, fines, restitution).

Waiting period: 3 years since completion (or 5 years for domestic violence convictions).

No new criminal convictions during waiting period.

No restraining orders or pending charges.

2. Felony Vacation — RCW 9.94A.640

Class C felonies: 5 years post-completion of sentence (10 years for some).

Class B felonies: 10 years post-completion.

Class A felonies: NOT eligible for vacation.

Excluded: violent offenses (RCW 9.94A.030), sex offenses, crimes against children.

DUI / vehicular assault generally excluded.

3. New Hope Act (2019) — Reforms

Allowed vacation of multiple convictions (previously one-at-a-time).

Reduced waiting period for some offenses.

Allowed people to have prior vacated convictions excluded from criminal-history calculation.

4. Cannabis Vacation — RCW 9.96.060(5)

Effective 2019, persons convicted of misdemeanor marijuana possession (under 40g) prior to legalization may apply for vacation regardless of waiting period.

5. Excluded Offenses

Class A felonies (e.g., murder, rape 1).

Violent offenses (assault 2, robbery, kidnapping).

Sex offenses requiring registration.

DUI and most traffic offenses.

Crimes involving firearms (some).

6. Procedure

File Motion to Vacate Conviction (form WPF CR 84.0260 for felonies, applicable district court form for misdemeanors).

Serve prosecutor; hearing within 30-60 days.

Filing fee varies (~$50-100).

7. Effect

Court withdraws guilty plea and dismisses case.

You may answer "no" to "have you been convicted" on most applications (with exceptions for law enforcement / specified employers).

Conviction can still be considered for sentencing if you reoffend.

This is legal information, not legal advice.