Washington State Expungement Attorney | Record Clearing Seattle

Quick Answer

Washington State calls it 'vacating' a conviction rather than expungement, but the result is the same: your record is cleared for most purposes. If you've completed your sentence and waiting period, you may be eligible to have your record vacated — removing the barrier to jobs, housing, and professional licenses.

Washington's Vacation Statute

Under RCW 9.94A.640 and RCW 9.96.060, certain criminal convictions can be vacated after a waiting period. Once vacated, you can legally say you were not convicted of that crime on most job applications, housing applications, and professional licensing forms.

Who Is Eligible?

Misdemeanor Vacation (RCW 9.96.060)

Most gross misdemeanors and misdemeanors are eligible after: 3 years with no additional convictions, all conditions of sentencing satisfied, no pending charges, and the conviction is not on the excluded list (DUI, domestic violence assault are excluded).

Felony Vacation (RCW 9.94A.640)

Class B and C felonies may be eligible after 5–10 years depending on the offense. Class A felonies are generally not eligible. Sex offenses and crimes against children are excluded.

What Vacation Does NOT Do

Vacating a conviction does not: eliminate the record from court files entirely, restore firearm rights (a separate process), or expunge the record from private background check databases immediately. However, it does allow you to legally deny the conviction in most contexts.

The Vacation Process

Janet files a petition with the court, serves the prosecutor, and attends the hearing on your behalf. Most straightforward cases are resolved within 90–120 days. Complex cases or cases where the prosecutor objects take longer.

Applicable Washington Law: RCW 9.94A.640 (felony vacation), RCW 9.96.060 (misdemeanor vacation), RCW 9.41.040 (firearm rights restoration)

Frequently Asked Questions

What is the difference between expungement and record vacation in Washington? ▾

Washington uses 'vacation' rather than expungement. The practical result is similar — the conviction is set aside — but Washington does not truly erase records from court files. Vacated convictions may still appear in some criminal history searches.

Can a DUI conviction be vacated in Washington? ▾

No. DUI convictions are specifically excluded from Washington's vacation statute. However, DUI cases that were reduced to reckless driving or similar charges may be eligible.

How long does the record vacation process take? ▾

Most cases take 90–150 days from filing the petition to the court order. Janet handles all filings, service, and court appearances so you don't have to appear yourself in most cases.

Will my record be cleared from private background check companies? ▾

Not automatically. After a vacation order is issued, you can submit it to background check companies with a formal removal request. Some databases update quickly; others take 30–90 days.

Can I get my gun rights restored in Washington after a felony? ▾

Washington State allows firearm rights restoration through a separate court petition after 5 years for most non-violent felonies. Federal law has stricter standards. This is separate from record vacation and requires its own process.

Record Vacation & Expungement Seattle