A criminal conviction can follow you into job applications, housing searches, and licensing decisions for years. In Washington, vacating a conviction lets you legally say you were never convicted of that offense.
Convictions you can vacate in Washington
Washington law lets you clear most misdemeanor and felony convictions from your record. Two statutes set the rules: RCW 9.96.060 and RCW 9.94A.640. To qualify, you need to wait a set number of years after you finish your sentence. The wait depends on the type of conviction:
- Misdemeanors and gross misdemeanors: Wait 3 years after probation ends, or 5 years if the offense involved domestic violence.
- Class C felonies: Wait 5 years after you finish your sentence, supervision, and any court-ordered payments.
- Class B felonies: Wait 10 years after you finish your sentence, supervision, and any court-ordered payments.
You also cannot have any new convictions during that waiting period.
Convictions that cannot be vacated
Washington permanently bars certain offenses from vacation. These ineligible convictions include:
- Class A felonies: The most serious felony class never qualifies.
- DUI and physical control: You cannot vacate a conviction for driving or boating under the influence.
- Violent offenses: Courts bar crimes like murder, kidnapping, and first-degree assault.
- Sex offenses: Most sex offense convictions are ineligible.
A reduced charge, such as reckless driving, may qualify if 10 years have passed since your arrest date.
Disqualifiers that apply to all petitions
Even if your offense type qualifies, the court can still deny your petition. Common disqualifiers include:
- Pending charges: Any open criminal case in any court blocks your petition.
- Incomplete sentence: Unfinished probation, treatment, or restitution can disqualify you.
- New conviction: Any conviction during your waiting period restarts your eligibility clock.
Meeting the statutory requirements does not guarantee approval. The court still holds discretion to deny your petition.
Understand your options before you file
Washington’s vacate statutes are detailed and court procedures vary by county. An attorney can review your criminal history and explain which relief applies to your situation. You may also consider speaking with a lawyer before filing your petition.