Your criminal record may be expunged—that is, erased or sealed—under the circumstances described below. In Washington, the process of expunging or sealing a criminal conviction is called "vacating a judgment."
In general, an expunged criminal record or vacated judgment is essentially erased or sealed. If your non-conviction record is expunged, or if a court vacates your conviction, the information will no longer be visible to the general public, including potential employers. In most cases, you can legally say you were never arrested or convicted of a crime.
Generally, people charged with a crime but not convicted can have the record of the arrest and charges expunged. And people convicted of certain types of offenses might be able to get their convictions vacated.
Your criminal history record might qualify for expungement if you were arrested, cited for a violation, or had an arrest warrant, but charges were never filed. In those circumstances, you must wait at least three years from the date of the arrest, citation, or warrant to apply for expungement.
If you were charged with a crime, but not convicted, you can apply for expungement two years from the date that the charges were resolved in your favor.
Exceptions. Your record might not qualify for expungement if:
Many convictions are eligible to be vacated in Washington, assuming the person hasn't previously had a judgment vacated. There's a waiting period, and certain criteria must be met before the court will vacate the judgment.
Misdemeanor conviction. Your misdemeanor or gross misdemeanor conviction may be vacated if:
In addition, the misdemeanor offense must not be:
Felony conviction. In limited circumstances, you can ask a court to vacate your felony conviction after you've successfully completed your sentence.
Your conviction will not be vacated if:
Certain prostitution convictions. You may ask a court to vacate your record at any time if you were convicted of a prostitution offense as a result of being a victim of:
Your conviction will not be vacated if:
Suspended sentence. If you've completed a suspended sentence, you can petition to have your conviction vacated in Washington.
For more information about criminal record expungement in Washington, including filing guidelines, see the guide provided by the Washington State Courts website. All of the forms needed for record sealing can be found there as well.
Cleaning up a criminal history can be complicated, and the law can change at any time. If you're not sure whether your record qualifies for expungement in Washington—or for advice about your personal situation—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.
(Wash. Rev. Code §§ 9.94A.640, 9.96.060(3), 9.92.066, 10.97.060 (2023).)
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