![How to Clear Your Criminal Record in Washington State [2025]](/assets/seattle.jpg)
A criminal conviction can follow you for decades — appearing on background checks for jobs, housing, professional licenses, and more. Washington State's vacation statute gives many people the opportunity to have convictions set aside. Here is everything you need to know.
What "Vacation" Means in Washington
Washington doesn't use the term "expungement" in the same way other states do. Instead, the court "vacates" a conviction — essentially setting aside the guilty verdict and dismissing the charges. Once vacated, you can legally state on most applications that you have not been convicted of that offense.
Eligibility Requirements: Misdemeanors
Under RCW 9.96.060, a misdemeanor conviction may be vacated if:
- 3 years have passed since you completed all sentencing conditions
- You have not been convicted of any crime during those 3 years
- You have no charges pending anywhere
- The conviction is not for DUI, physical assault domestic violence, any sex offense, or certain other excluded offenses
- You have not had a prior vacation in the last 10 years
Eligibility Requirements: Felonies
Under RCW 9.94A.640, Class B and C felony convictions may be vacated if:
- 5 years for Class C felonies / 10 years for Class B felonies since completion of sentence
- No additional convictions during waiting period
- All restitution paid
- The offense is not on the excluded list (Class A felonies, sex offenses, crimes against children are excluded)
The Vacation Process Step by Step
Step 1: Determine eligibility — this requires reviewing your full criminal history against the statute requirements.
Step 2: File a petition with the court where you were convicted.
Step 3: Serve the prosecutor — who has the right to object and appear at the hearing.
Step 4: Attend the hearing (Janet appears for you in most cases).
Step 5: Receive the vacation order and submit it to background check agencies.
How Long Does It Take?
Most uncomplicated vacations complete in 90–120 days from filing. Cases where the prosecutor objects, or where there are factual questions about eligibility, can take 6 months or longer.
What It Costs
Court filing fees are approximately $200–$250 per conviction. Attorney fees for record vacation at Bergstrom Criminal Defense are straightforward and discussed during your free consultation.