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VACATE MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS
Washington law permits the vacation of some misdemeanor or gross misdemeanor convictions.
Vacation of a conviction releases you from all penalties and disabilities resulting from the offense. Once a conviction is vacated, the fact that you have been convicted of the offense shall not be included in your criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime. Vacation of a conviction, however, does not affect or prevent use of the conviction in a later criminal prosecution. However, vacation of a conviction does not automatically restore your right to possess a firearm.
The new law does not automatically vacate your conviction. If you want to have a conviction vacated, a motion must be filed with the court. The following information will assist you in deciding whether the new law applies to your situation.
If you meet the following criteria, a court may, in its discretion, vacate the conviction.
-There are no criminal charges pending against you in any court of this state or another state, or in any federal court.
- You have not been convicted of a new crime in this state, another state, or federal court since the date you were sentenced on the crime you wish to have vacated.
- You have never had the record of another conviction vacated.
-You are not currently restrained, and have not been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an antiharassment protection order, or a civil restraining order which restrains one party from contacting the other party.
-The conviction you are seeking to have vacated is not for one of the following crimes:
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Driving while under the influence (“DUI”), RCW 46.61.502 |
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Actual physical control while under the influence, RCW 46.61.504 |
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Operating a railroad, etc., while intoxicated, RCW 9.91.020 |
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A violation of chapter 9A.44 RCW (sex offenses) |
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A violation of chapter 9.68 RCW (obscenity and pornography) |
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A violation of chapter 9.68A RCW (sexual exploitation of children) |
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A violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense |
* If the crime you are seeking to have vacated involved domestic violence, you must:
* Provide the prosecuting attorney’s office that prosecuted you with timely notice of your motion and declaration for order vacating conviction and file the original notice with the court.
* You must not have been convicted of any other domestic violence offense arising out of any other incident. (If the current application is for more than one conviction that arose out of a single incident, none of those convictions counts as a previous conviction.)
* Five years have elapsed since you completed the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing.
* If the crime you are seeking to have vacated did not involve domestic violence, three years must have elapsed since you completed the terms of the original conditions of the sentence, including any financial obligations.
Vacation of Record of Felony Conviction
Most offenders who have either been discharged after completing the requirements of the sentence or the conditions of probation may apply to the sentencing court for a vacation of the offender’s record of felony conviction.
Vacation of a record of felony conviction releases you from all penalties and disabilities resulting from the offense. Once a record of felony conviction is vacated, the fact that you have been convicted of the offense shall not be included in your criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose record of felony conviction has been vacated may state that he or she has never been convicted of that crime. Vacation of a record of felony conviction, however, does not affect or prevent use of the record of felony conviction in a later criminal prosecution. Vacation of a record of felony conviction does not automatically restore your right to possess a firearm.
The law does not automatically vacate your record of felony conviction. If you want to have a record of felony conviction vacated, you must file a motion with the court. The following information will assist you in deciding whether the law applies to your situation and, if so, how to ask the court to vacate your conviction.
You may not have the record of your felony conviction vacated if any of the following are true:
* There are any criminal charges pending against you in any court of this state or another state, or in any federal court;
* You have been convicted of a new crime in this state, another state, or federal court since the date you were discharged;
* The offense was a violent offense (this includes all class A felonies);
* The offense was a crime against persons;
* You were convicted of a class B felony and less than ten years have passed since the date you were discharged; or
* You were convicted of a class C felony, other than a class C felony described in RCW 46.61.502(6) or 46.61.504(2), and less than five years have passed since the date you were discharged.
* You were convicted of a class C felony described in RCW 46.61.502(6) or 46.61.504(2) and less than ten years have passed since the date you were discharged.
Sealing of Juvenile Records
Sealing records - factors pursuant to RCW 13.50.050:
Class A Felony Conviction: At least one of the offenses I am attempting to seal involves a Class “A” felony but both of the following are true:
(1) Since my last date of release from confinement, including full-time residential treatment, or from the entry of disposition (including deferred disposition), I have spent five consecutive years in the community without committing any offense or crime that has resulted in conviction or adjudication.
(2) I have not been convicted of Rape in the First Degree, Rape in the Second Degree, or Indecent Liberties with Forcible Compulsion;
All Class B and C Felony, Gross Misdemeanor, or Misdemeanor Convictions, or Diversions: Since my last date of release from confinement, including full-time residential treatment, or from the entry of disposition (including deferred disposition), I have spent two consecutive years in the community without committing any offense or crime that has resulted in conviction or diversion.
And, I meet the following requirements:
There are no proceedings pending against me seeking the conviction or diversion of a juvenile or criminal offense.
I am no longer required to register as a sex offender under RCW 9A.44.130 or I have been relieved of the duty to register under RCW 9A.44.143 if I was convicted of a sex offense.
Full restitution has been paid.
I am eligible to have my records sealed under RCW 13.50.050(11) and (12) in that I have satisfied all the requirements of those statutes.
Sealing records of vacated deferred disposition – factors pursuant to RCW 13.40.127(10):
I meet the following requirements:
The court vacated my deferred disposition and dismissed the case with prejudice pursuant to RCW 13.40.127(9).
I am over 18 years of age.
There are no charges pending against me.
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