MOST WASHINGTON STATE CRIMINAL CONVICTIONS ARE ELIGIBLE TO BE VACATED
New laws have vastly expanded eligibility criteria. If someone told you that this would not work for you before, things might have changed. Vacating a conviction is a hands-off process for clients. Do you have questions about vacating your Washington state criminal conviction?
Question: Is this the process for me?
This will only be helpful for people that were convicted of a crime. If your case was dismissed, unless after a deferred sentence, you may want to look into expunging the arrest or sealing the court file as options.
Question: Do I qualify?
Most misdemeanor (non-dui based) convictions are eligible to be vacated so long as:
- It has been at least 3 years (5 for domestic violence) since you completed everything the court told you to do, including fines, probation, and treatment.
- You have not had any convictions in the past 3 years, civil no contact orders, or pending cases.
Watch this one-minute informational video for more about vacating your misdemeanor conviction
Most felony convictions are eligible to be vacated so long as:
- You have been discharged from the offense. That essentially means that DOC signed off on your completion of the conditions, including financial. If you have not been discharged, you may be eligible to petition the court. AND
- It has been at least 5 (class C felony) or 10 years (class B felony) since your release from custody or DOC, and you have not had convictions in the last 5 (class C felony) or 10 years (class B felony).
Watch this one-minute video for more about vacating your felony conviction. Most felonies that are at least 5 years old qualify!
Most reckless driving and negligent charges that are amended down from a DUI are eligible to be vacated so long as:
- It has been 10 years since your arrest date and
- No new convictions in the last 3 years and at least 3 years since you completed your terms, including financial.
- DUIs cannot be vacated
Watch this one-minute video for more about vacating your reckless driving or negligent driving conviction.
Most reckless driving and negligent charges that are amended down from a DUI are eligible to be vacated so long as:
- It has been 10 years since your arrest date and
- No new convictions in the last 3 years and at least 3 years since you completed your terms, including financial.
- DUIs cannot be vacated
Question: Are there exceptions?
You cannot generally vacate a conviction for domestic violence if you have 2 or more domestic violence conviction from different cases. However, if your convictions are the result of being a victim of domestic violence, the law has removed that barrier and dramatically reduced other requirements.
Vacating Convictions for Victims of Domestic Violence in Washington State
Call or text (206) 222-8899 or email at [email protected] to learn more about vacating your Washington State criminal conviction.
This quick quiz can help you figure out what is right for your record and if you qualify.