Washington Expungement & Record Sealing Guide

Who Qualifies for Expungement in Washington?

Washington state uses "vacation of conviction" rather than expungement. The legal effect is similar — a vacated conviction is removed from public criminal history dissemination and you may legally deny the conviction for employment and housing purposes.

Misdemeanor and Gross Misdemeanor Vacation (RCW 9.96.060)

You may be eligible to vacate if:

• You have completed all terms of the sentence (probation, fines, community service, restitution)
• At least 3 years have passed since discharge (for misdemeanors)
• You have no pending charges and no new convictions in the past 3 years
• You have only one prior conviction being vacated

2024 change: The requirement to wait 3 years after paying off Legal Financial Obligations (LFOs) was eliminated effective June 6, 2024 — the waiting period now runs from discharge, not LFO payoff.

Felony Vacation (RCW 9.94A.640)

• Must have been discharged from sentence (including all supervision)
• Class B felony: 10 years after discharge
• Class C felony: 5 years after discharge
• No new convictions since the offense
• All restitution paid
• No pending charges

Not Eligible for Vacation

• Class A felonies
• Crimes against persons (assault, sex offenses, domestic violence)
• DUI convictions
• Any conviction requiring sex offender registration
• Crimes committed while holding public office

Non-Conviction Deletion (RCW 10.97.060)

Arrest records that did not result in conviction can be deleted from the Washington State Identification System (WASIS) after waiting period requirements are met.

Step-by-Step: How to Clear Your Record in Washington

1. Obtain your criminal history — Request from the Washington State Patrol (wsp.wa.gov, ~$13) to confirm offense, discharge date, and any outstanding restitution.
2. Confirm eligibility — Verify discharge date, absence of new convictions, and full payment of restitution and LFOs.
3. File a motion in the court that entered the conviction (district court for misdemeanors; superior court for felonies). Filing fee: approximately $200–$260.
4. Serve the prosecutor — The prosecuting attorney's office must be notified and has the right to object.
5. Hearing — Most vacation requests result in a court hearing. You may bring evidence of rehabilitation.
6. Order issued — If granted, the Washington State Patrol updates records to reflect vacation. Public dissemination of the conviction is prohibited.

Free forms and detailed instructions are available at washingtonlawhelp.org.

Waiting Periods

• Non-conviction arrest records: Varies by offense — contact WSP
• Misdemeanor convictions: 3 years after discharge (from discharge date, not LFO payoff — updated June 2024)
• Class C felony convictions: 5 years after discharge
• Class B felony convictions: 10 years after discharge

Costs

• WSP criminal history check: ~$13
• Court filing fee: $200–$260 (varies by court)
• Attorney fees: $500–$2,500 depending on case type

Washington Law Help (washingtonlawhelp.org) provides free forms, instructions, and a directory of legal aid programs statewide.

What Record Clearing Does (and Doesn't) Do in Washington

After a successful expungement or sealing in Washington, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Washington for advice specific to your situation.