How to Clear Your Criminal Record in Washington State

What You Need to Know First

Washington does not use the word "expungement" for adult convictions. Washington calls the process "vacation." When a conviction is vacated, the court withdraws your guilty plea or verdict, dismisses the charge, and updates your record. The conviction is removed from public dissemination — most background checks will not show it. However, the underlying record is not destroyed.

2024 law update: You no longer have to wait 3 years after paying off your Legal Financial Obligations (LFOs) to vacate your conviction. The clock now starts when you complete all other sentence conditions — not when you finish paying fines. If unpaid LFOs were the only thing holding you back, check your eligibility now.

Washington has three main pathways for clearing a criminal record. Which one applies to you depends on your conviction type and outcome.

Misdemeanor Vacation

RCW 9.96.060

Most misdemeanor and gross misdemeanor convictions can be vacated after 3 years. Multiple misdemeanors can be vacated at once or at different times. File a petition in the court where you were convicted. You can legally deny the conviction after vacation.

Felony Vacation

RCW 9.94A.640

Nonviolent Class B and C felonies can be vacated — Class C after 5 years, Class B after 10 years. Requires a Certificate of Discharge first. Only certain offense types qualify. Class A felonies and most violent offenses cannot be vacated.

Non-Conviction Deletion

RCW 10.97.060

Arrests that did not result in conviction can be deleted from Washington State Patrol records after 2 years. Apply administratively to WSP — no court petition required. More limited in scope than vacation but available for qualifying non-conviction records.

What Can — and Can't — Be Vacated

ELIGIBLE FOR VACATION

Most misdemeanor convictions — after 3 years
Most gross misdemeanor convictions — after 3 years
Domestic violence misdemeanor — after 5 years (specific conditions)
Nonviolent Class C felonies — after 5 years
Nonviolent Class B felonies — after 10 years
Assault 2nd, Assault 3rd, Robbery 2nd — now eligible (without firearm/weapon/sexual motivation)
Human trafficking victims — prostitution and related offenses
Multiple misdemeanors — can be vacated at once

NOT ELIGIBLE FOR VACATION

Class A felony convictions
Violent offenses — most (RCW 9.94A.030)
Sex offenses (RCW 9A.44)
DUI / physical control convictions
Felony DUI convictions
Crimes against children
Any offense involving a firearm or deadly weapon enhancement
Currently pending criminal charges in any court
Active protection or restraining orders
New conviction within the applicable waiting period

Waiting Periods

Waiting periods begin after completing all conditions of your sentence — including probation, community service, and restitution. Under the 2024 law update, you no longer have to wait an additional 3 years after paying off LFOs. No new convictions may occur during the waiting period.

Non-conviction deletion (WSP administrative)

2 years

Misdemeanor / gross misdemeanor vacation

3 years

Domestic violence misdemeanor vacation

5 years

Class C felony vacation

5 years

Class B felony vacation

10 years

How to File — Step by Step

1

Check Your Washington Criminal History

Request a copy of your criminal history from the Washington State Patrol at wsp.wa.gov. This shows every conviction on your record and confirms what has or hasn't been vacated already. Review each conviction's date and offense type carefully.

2

For Felonies — Get Your Certificate of Discharge First

If you are vacating a felony, you must first obtain a Certificate of Discharge from the court confirming you completed all sentence conditions. The certificate's effective date is retroactive to when you actually completed your sentence — not when the court signs it. Contact the court or Department of Corrections if you haven't received yours.

3

Download the Correct Vacation Forms

Get the correct forms from Washington Law Help at washingtonlawhelp.org or from the Administrative Office of the Courts at courts.wa.gov/forms. There are separate forms for misdemeanor vacation and felony vacation. Use the online guided interview at Washington Law Help to prepare your forms step by step.

4

File in the County Where You Were Convicted

File your petition with the clerk of the court in the county where the conviction occurred. Filing fees vary by county. Request a fee waiver if you cannot afford the fee. The clerk will schedule a hearing date and notify the prosecuting attorney's office.

5

Attend Your Hearing

The court may hold a hearing on your petition. The prosecutor has the opportunity to object. If no objection is filed the court may grant the vacation without a hearing. For felony vacations, come prepared to demonstrate your rehabilitation and the time elapsed since your conviction.

6

After Vacation Is Granted

The court withdraws your guilty plea or verdict and dismisses the charge. The Washington State Patrol is notified and stops releasing the record to the public. You can legally tell employers and others that you were not convicted. Keep a certified copy of your vacation order — some background check companies may lag in updating their databases.

Non-Conviction Deletion — WSP Administrative Process

If your charge was dismissed, you were acquitted, or you received a favorable disposition — you may be able to have non-conviction data deleted from Washington State Patrol records. This is an administrative process that doesn't require a court petition. Apply directly to WSP using the Request for Expungement/Deletion of Non-Conviction Records form. You must have your fingerprints taken ($5–$15 fee) and meet the 2-year waiting period with no new charges.

Official Forms

Washington Law Help — Vacation Guided Interview

Free step-by-step guided interview that prepares your vacation petition forms — for both misdemeanors and felonies

Start at washingtonlawhelp.org →

Washington Courts — Vacation Forms

Official vacation petition forms from the Administrative Office of the Courts — misdemeanor and felony versions

Get forms at courts.wa.gov →

WSP — Non-Conviction Deletion Form

Request deletion of non-conviction records from Washington State Patrol — no court petition needed

Visit wsp.wa.gov →

WSP — Criminal History Request

Request your official Washington criminal history before filing to understand exactly what's on your record

Visit wsp.wa.gov →

Helpful Resources

FREE LEGAL HELP

Washington Law Help

Free guides, eligibility tools, and step-by-step form preparation for vacation of convictions in Washington

washingtonlawhelp.org →

FREE LEGAL HELP

Northwest Justice Project

Free civil legal help for low-income Washingtonians — including vacation of conviction assistance statewide

nwjustice.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

WASHINGTON COURTS

Washington Courts Self-Help

Official Washington court self-help resources — find your county court and access petition forms

courts.wa.gov →

COURT LOCATIONS

Find a Washington Court

Find the superior court or district court in the county where your conviction occurred

courts.wa.gov →

Frequently Asked Questions

What does "vacation" mean in Washington — is it the same as expungement? +

Vacation is Washington's version of what most states call expungement. When a conviction is vacated, the court withdraws your guilty plea or verdict and dismisses the charge. The Washington State Patrol stops releasing the record to the public and you can legally deny the conviction. However, unlike true expungement in some other states, the underlying court file is not destroyed — it still exists but is not publicly disseminated. Employers should accept a vacation order as proof that the record was cleared.

Can I legally deny the conviction after vacation? +

Yes — after vacation you can legally tell employers, landlords, and others that you were not convicted of that offense. You are not committing perjury or making a false statement by denying it. However a vacated conviction can still be used in a later criminal prosecution if you reoffend, and vacation does not relieve federal immigration consequences.

Can a felony be vacated in Washington? +

Yes — nonviolent Class B and Class C felonies can be vacated under RCW 9.94A.640. Class C felonies require a 5-year waiting period and Class B felonies require 10 years. You must also have a Certificate of Discharge and no new convictions during the waiting period. Class A felonies, most violent offenses, sex offenses, and DUI convictions cannot be vacated.

What changed in 2024 about Legal Financial Obligations? +

Before 2024, you had to wait 3 years after paying off all your Legal Financial Obligations (fines and court costs) before you could file to vacate — even if you had completed all other sentence conditions years earlier. The 2024 law removed this extra waiting period. Now the 3-year clock starts when you complete your sentence conditions, not when you finish paying LFOs. You can also ask the court to reduce or cancel LFOs you cannot afford.

Does vacation restore my gun rights? +

Not automatically. Washington law explicitly states that vacation does not restore the right to possess a firearm under RCW 9.41.040. Restoring firearm rights requires a separate petition to the superior court under RCW 9.41.040 and 9.41.047 after meeting additional waiting periods and conditions. Consult a licensed Washington attorney if firearm rights restoration is your goal.

Do I need an attorney? +

Not required — Washington Law Help's free guided interview at washingtonlawhelp.org walks you through eligibility and prepares your petition forms step by step. For straightforward misdemeanor vacations many people file successfully on their own. For felony vacations, cases with complex criminal histories, or if you need firearm rights restored, working with a Washington attorney is strongly recommended. The Northwest Justice Project offers free help for those who qualify.

After Your Conviction Is Vacated

After vacation in Washington, the Washington State Patrol stops releasing your record to the public. Most background checks will not show the conviction. You can legally deny the conviction on most job and housing applications.

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Employment

Vacated convictions are not released by WSP to the public — most employer background checks will not show them. You can legally deny the conviction on most private job applications. Washington's fair chance hiring laws also restrict when employers can ask about criminal history. Law enforcement employers and certain regulated positions may retain access.

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Gun Rights

Vacation does not restore gun rights in Washington. This is explicit in state law. Restoring firearm rights requires a separate court petition under RCW 9.41.040. Additionally, federal law applies independently — even if Washington restores your state firearm rights, federal law may still prohibit possession. Consult a Washington attorney before purchasing or possessing any firearm.

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Professional Licensing

Washington licensing boards generally cannot use vacated convictions against applicants. However certain regulated professions — healthcare, law, education, childcare — may still have access. Check with the specific licensing board before applying to understand their requirements.

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Background Check Databases

Private background check companies may lag in updating their records after vacation. Washington law makes employees at agencies that continue reporting vacated convictions potentially criminally liable. Keep a certified copy of your vacation order and dispute any records that still appear. If an agency refuses to update, you may have legal recourse under RCW 10.97.110.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.