Expunging a Criminal Record in Washington (2026)
Reviewed by DocDraft Legal Team · Washington · Last updated August 19, 2026
Washington does not use the term 'expungement' for convictions. Instead it lets you ask a court to 'vacate' (set aside) an eligible conviction, which lets you legally state you were never convicted of that offense. Misdemeanors and gross misdemeanors are vacated under RCW 9.96.060, and felonies under RCW 9.94A.640. The New Hope Act of 2019 expanded eligibility, and a 2024 amendment removed the requirement to first pay off legal financial obligations. Class A felonies and most sex offenses cannot be vacated, and separate rules under RCW 10.97 govern deleting non-conviction records.
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What are you trying to clear?
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What record-clearing relief does Washington offer and what is it called?
Washington does not 'expunge' convictions. It lets a court 'vacate' (set aside) an eligible conviction under RCW 9.96.060 for misdemeanors and RCW 9.94A.640 for felonies. Once vacated, the conviction is dismissed and you may lawfully state you were never convicted of that offense.
What is the waiting period to vacate a conviction in Washington?
Waiting periods run from completion of all sentence terms. In Washington a misdemeanor or gross misdemeanor generally requires three years (five years for domestic violence). A Class C felony requires five years and a Class B felony ten years with no new convictions in that window. Class A felonies cannot be vacated.
Can you vacate a felony conviction in Washington?
Some felonies, yes. Under RCW 9.94A.640, a Class C felony may be vacated after five conviction-free years and a Class B felony after ten. Class A felonies, most sex offenses, and violent offenses defined in RCW 9.94A.030 are excluded. You may vacate only one Class B or Class C felony.
Does Washington have automatic 'clean slate' sealing of convictions?
No. Washington has no automatic clean-slate sealing for convictions; relief is petition-only, so you must file a motion to vacate under RCW 9.96.060 or RCW 9.94A.640. Separately, RCW 10.97 lets you ask the Washington State Patrol to delete certain non-conviction data from your record.
Which offenses are eligible to vacate in Washington and which are excluded?
Most misdemeanors and Class B and C felonies are eligible after the waiting period. Washington excludes Class A felonies, most sex offenses, violent offenses under RCW 9.94A.030, and DUI and certain DUI-related driving offenses. Pending charges anywhere and new convictions during the waiting window also disqualify you.
Washington Vacates Convictions Under the New Hope Act Rather Than Expunging Them
Washington is a 'vacate' state, not an expungement state. Instead of destroying a record, a court sets aside (vacates) an eligible conviction, releasing you from its penalties and allowing you to lawfully answer that you were never convicted of that offense. Misdemeanors and gross misdemeanors are handled under RCW 9.96.060 and felonies under RCW 9.94A.640, both expanded by the New Hope Act of 2019; a 2024 amendment removed the rule that you must first pay off all legal financial obligations before the waiting period runs. Waiting periods measured from completion of all sentence terms are roughly three years for a misdemeanor, five years for a domestic-violence misdemeanor, five years for a Class C felony, and ten years for a Class B felony, in each case with no new convictions during that window. Class A felonies, most sex offenses, violent offenses under RCW 9.94A.030, and DUI and certain DUI-related offenses cannot be vacated, and you may vacate only a limited number of felonies. You file the motion in the court that sentenced you (district or municipal court for misdemeanors, superior court for felonies), and the Washington State Patrol updates its criminal history repository once the order is entered. Non-conviction data such as arrests that did not lead to conviction is handled separately under RCW 10.97. Because vacatur is not full erasure, law enforcement, courts, and some licensing and immigration authorities may still see a vacated conviction.
Relevant Laws
Vacating a Misdemeanor or Gross Misdemeanor (RCW 9.96.060)
Authorizes a court to vacate a misdemeanor or gross misdemeanor conviction once eligibility and the waiting period (generally three years, five for domestic violence) are met. After vacatur the conviction is dismissed and the person may state they were never convicted of that offense.
Vacating a Felony Record of Conviction (RCW 9.94A.640)
Lets a court vacate an eligible Class B or Class C felony record after the waiting period (ten years for Class B, five years for Class C) with no new convictions. Excludes Class A felonies, most sex offenses, and violent offenses defined in RCW 9.94A.030.
Deletion of Non-Conviction Criminal History Data (RCW 10.97)
The Washington State Criminal Records Privacy Act governs non-conviction data, such as arrests that did not result in a conviction, and allows a person to ask the Washington State Patrol to delete that non-conviction information from its records under set conditions.
No General Federal Expungement of State Records
There is no general federal expungement of state convictions; clearing a Washington record is governed by Washington law through vacatur, not by a federal court. Washington offers petition-based vacatur only, with no automatic clean-slate sealing of convictions.
Regional Variances
Washington Vacatur Eligibility Table
Relief type and name
Washington uses 'vacate' (set aside), not 'expungement.' A court dismisses the conviction under RCW 9.96.060 (misdemeanors and gross misdemeanors) or RCW 9.94A.640 (felonies), after which you may lawfully state you were never convicted of that offense. It is not full record destruction.
Eligible offenses
Most misdemeanors and gross misdemeanors under RCW 9.96.060, and eligible Class B and Class C felonies under RCW 9.94A.640, qualify once the waiting period is met. You may vacate only a limited number of felonies (generally one Class B or Class C felony), and all sentence terms must be complete.
Waiting period by offense class
Measured from completion of all sentence terms: about three years for a misdemeanor or gross misdemeanor, and five years for a domestic-violence misdemeanor. Under RCW 9.94A.640, five years for a Class C felony and ten years for a Class B felony, with no new convictions during that window.
Excluded offenses
Washington cannot vacate Class A felonies, most sex offenses, violent offenses defined in RCW 9.94A.030, or DUI and certain DUI-related driving offenses. Pending criminal charges in any court, or a new conviction during the waiting period, also disqualify an applicant under RCW 9.96.060 and RCW 9.94A.640.
Clean-slate status
Washington has no automatic clean-slate sealing of convictions; vacatur is petition-only and requires filing a motion in the sentencing court. The New Hope Act of 2019 expanded eligibility, and a 2024 amendment removed the requirement to first pay off all legal financial obligations before the waiting period runs.
Suggested Compliance Checklist
Confirm your offense is eligible and the waiting period has run
Before you file anything days after startingVerify the offense class and that it is not a Class A felony, sex offense, violent offense under RCW 9.94A.030, or DUI-related offense that Washington cannot vacate. Confirm the waiting period from completion of all sentence terms has passed (about three years for a misdemeanor, five for a Class C felony, ten for a Class B) with no new convictions and no pending charges.
Order your Washington State Patrol criminal history
Early in the process days after startingObtain your Washington State Patrol (WATCH) criminal history report to confirm each conviction, its class, the sentencing court, and the dates you completed confinement and community custody. The latest completion date sets when the waiting period begins, and the record identifies the correct court in which to file the motion.
Prepare the correct motion to vacate
Before the filing date days after startingComplete the Washington Courts pattern form for your offense class: the CrRLJ motion and order to vacate under RCW 9.96.060 for a misdemeanor, or the CR 08.0900 motion and declaration under RCW 9.94A.640 for a felony. Attach proof that all sentence terms are complete and the waiting period has run.
File in the sentencing court and serve the prosecutor
When your paperwork is complete days after startingFile the motion in the court that sentenced you: district or municipal court for a misdemeanor, superior court in the county of conviction for a felony. Serve the prosecuting attorney, pay any local filing cost or request a fee waiver, and attend the hearing if the court sets one to confirm eligibility.
Confirm the record update and correct background reports
After the order is signed days after startingObtain certified copies of the signed order and confirm the Washington State Patrol updates its criminal history repository to show the conviction as vacated. Use the certified order to correct any background-check company still reporting it. An attorney can help if the prosecutor objects or a background report is not updated.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your offense is eligible and the waiting period has run | Verify the offense class and that it is not a Class A felony, sex offense, violent offense under RCW 9.94A.030, or DUI-related offense that Washington cannot vacate. Confirm the waiting period from completion of all sentence terms has passed (about three years for a misdemeanor, five for a Class C felony, ten for a Class B) with no new convictions and no pending charges. | - | Before you file anything |
| Order your Washington State Patrol criminal history | Obtain your Washington State Patrol (WATCH) criminal history report to confirm each conviction, its class, the sentencing court, and the dates you completed confinement and community custody. The latest completion date sets when the waiting period begins, and the record identifies the correct court in which to file the motion. | - | Early in the process |
| Prepare the correct motion to vacate | Complete the Washington Courts pattern form for your offense class: the CrRLJ motion and order to vacate under RCW 9.96.060 for a misdemeanor, or the CR 08.0900 motion and declaration under RCW 9.94A.640 for a felony. Attach proof that all sentence terms are complete and the waiting period has run. | - | Before the filing date |
| File in the sentencing court and serve the prosecutor | File the motion in the court that sentenced you: district or municipal court for a misdemeanor, superior court in the county of conviction for a felony. Serve the prosecuting attorney, pay any local filing cost or request a fee waiver, and attend the hearing if the court sets one to confirm eligibility. | - | When your paperwork is complete |
| Confirm the record update and correct background reports | Obtain certified copies of the signed order and confirm the Washington State Patrol updates its criminal history repository to show the conviction as vacated. Use the certified order to correct any background-check company still reporting it. An attorney can help if the prosecutor objects or a background report is not updated. | - | After the order is signed |
Frequently Asked Questions
Washington charges no statutory fee for the motion to vacate a conviction itself, though local courts may add filing or copy costs, so ask the clerk. If you cannot afford any costs, you can request a fee waiver. Since 2024, you no longer have to pay off all legal financial obligations before the waiting period starts, though restitution rules still apply.
After you file the motion, most Washington courts resolve a vacatur within a few weeks to a few months, depending on the court's calendar and whether the prosecutor objects. Simple, clearly eligible cases may be decided on the papers, while contested ones require a hearing. The Washington State Patrol update to your record can take additional weeks after the order is signed.
Sometimes. Vacating under RCW 9.96.060 or RCW 9.94A.640 dismisses the conviction and lets you say you were never convicted, but it is not full erasure. Law enforcement, the courts, and some licensing agencies and immigration authorities may still access the record. A vacated conviction can also count again if you face later charges, so relief is real but not absolute.
Generally yes. RCW 9.96.060 and RCW 9.94A.640 provide that once a conviction is vacated, you may state for most purposes, including job applications, that you were never convicted of that offense. Exceptions exist, for example when applying to law enforcement or in later criminal proceedings, so confirm how the rule applies to your situation before relying on it.
Not automatically. Vacating a conviction under RCW 9.94A.640 does not by itself restore firearm rights, which are governed by a separate petition to restore the right to possess firearms under RCW 9.41.040 and related law. If a felony or certain domestic-violence conviction took away your gun rights, you must pursue that separate restoration process; an attorney can help assess eligibility.
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