A criminal record in Washington can block you from jobs, housing, loans, and opportunities you have earned. But Washington law allows many people to clear their records through a process called expungement — formally known as "vacating" a conviction.

If you have been wondering whether your record can be cleared, here is a straightforward explanation of how it works.

What Does Expungement Mean in Washington?

When a conviction is vacated in Washington, the court withdraws its finding of guilt. The conviction is effectively removed from your criminal record for most purposes. That means:

  • It will not appear on most background checks
  • You can legally say you were not convicted of that crime on most job applications
  • It is removed from public court records

Vacation does not erase the arrest record entirely, and certain government agencies can still access the information. But for the purposes that matter most to most people — employment, housing, and daily life — a vacated record is a clean record.

Who Is Eligible?

Not every conviction can be expunged. Washington has specific eligibility requirements that depend on the type of offense:

Misdemeanors

  • At least 3 years have passed since completing all conditions of your sentence
  • No new criminal charges pending
  • No convictions since the one you want vacated (with some exceptions)
  • The offense is not one of the excluded categories (such as certain DV offenses)

Felonies

  • At least 5 to 10 years have passed (depending on the class of felony)
  • All fines, restitution, and conditions of the sentence are completed
  • No new convictions during the waiting period
  • The conviction is not a class A felony, a violent offense, or a sex offense (with very limited exceptions)

Marijuana Convictions

Washington has special provisions for vacating certain marijuana convictions, especially those that would be legal under current law. These cases often have shorter or no waiting periods.

The Expungement Process Step by Step

Here is what the process looks like from start to finish:

  1. Determine eligibility. Review your criminal history to see if your conviction qualifies. This involves checking the type of offense, the time elapsed, and whether all sentence conditions were met.
  2. Obtain your records. You will need your case details, including the cause number, sentencing information, and proof of completion of any required programs or payments.
  3. File the petition. Prepare and file a motion to vacate with the court that handled your case. The petition must include specific information and cite the applicable statute.
  4. Serve the prosecution. The prosecutor's office must be notified and given a chance to respond. In some cases, they may object.
  5. Attend the hearing. A judge will review your petition, consider any objections, and make a decision. In many cases, if you clearly meet the requirements, the process is straightforward.
  6. Update your records. After the court grants the vacation, agencies like the Washington State Patrol update their records. This can take several weeks.

Why People Use an Attorney for Expungement

You are not required to hire an attorney to file for expungement. But most people who try to do it themselves run into problems: missing documents, incorrect forms, eligibility miscalculations, or simply not knowing which court to file with.

An attorney who handles expungements regularly knows the process, the local courts, and how to handle any complications that come up. More importantly, they can tell you upfront whether your case qualifies — before you spend time and money on a petition that will be denied.

Clear Your Record With DeleteRecord

At DeleteRecord, expungement is one of the things we do most. Attorney Peter Hibbard helps people across Eastern Washington clear their records and move forward. We will review your case, tell you if you qualify, and handle the entire process if you do.

Call 509-707-0251 or visit DeleteRecord.com to find out if your record can be cleared.