FAQ

Many people use the term ‘expungement’ to mean cleaning up or clearing a criminal record, but Washington law uses more specific terms depending on the situation.

If you were arrested but not convicted—such as if charges were dismissed or no case was filed—you can request to expunge your arrest record through the Washington State Patrol.

If you were convicted—such as for a theft or another offense—the process is called a motion to vacate. Vacating removes the conviction from your court record and allows you to state that you have not been convicted of that crime.

Changes in Washington law expanded eligibility for vacating convictions and clarified the benefits. Once your conviction is vacated, the order is sent to the Washington State Patrol and then to the FBI to update their databases. This process can open doors for employment, housing, education, visas, and other opportunities.

I offer free consultations to determine whether your record qualifies for expungement or vacating. Most consultations can be done quickly over the phone. If detailed record research is needed, I’ll let you know before any fee applies.

I charge flat rates—no hourly billing, no surprise invoices. You’ll know your total cost before we begin.

In most cases, no. Record-clearing motions are largely handled on paper, and I can appear on your behalf. Many courts accept agreed orders without a hearing, and when hearings do occur, they’re typically brief and often held by Zoom.

Timelines vary by court. Some cases resolve within a few weeks, while others may take several months, depending on court scheduling and processing times.

After the motion is filed, hearings are typically scheduled about a month out. Once granted, it can take an additional month for the Washington State Patrol and FBI to update their records. In King County and Seattle, the process often takes 3–6 months in total.

It depends on the type of misdemeanor. Most offenses require waiting three years from the date the case closed. For domestic violence misdemeanors, the waiting period is five years. Reckless driving or negligent driving cases that started as DUIs require a ten-year waiting period from the date of arrest.

Yes. DUI and physical control convictions cannot be vacated. You also cannot vacate a domestic violence misdemeanor if you have two or more DV convictions from different incidents. This restriction applies to misdemeanors, not felonies. Most misdemeanor sex offenses are excluded, with limited exceptions such as assault 4 with sexual motivation or failure to register as a sex offender.

Changes in Washington law have created more flexibility for people who still owe legal financial obligations (LFOs). In some cases, courts may reduce interest or even waive fines and restitution altogether, depending on the specific details of your case and your progress toward rehabilitation.

For example, I’ve had clients with significant restitution balances where the court and prosecutor agreed to eliminate all of what was owed. Each situation is unique, but meaningful financial relief is often possible with the right advocacy.

Absolutely. Washington law used to be much more restrictive, but recent changes have removed most limits on how many convictions you can vacate. I’ve helped clients with more than twenty convictions on their record successfully vacate every single one. It’s possible to go from being a repeat felon to having no criminal record at all.

For Class B felonies, the waiting period is ten years from the later of sentencing, release from custody, or release from Department of Corrections supervision. For Class C felonies, the waiting period is five years. Class A felonies are not eligible to be vacated.

To vacate a felony conviction, enough time must have passed since the sentence and there must be a period without any new convictions—five years for Class C felonies and ten years for Class B. You must have completed all sentence terms, including fines or other obligations (or they must be eligible to be waived). You cannot have any pending cases, and the offense must be one that is legally eligible to vacate.

Yes. You cannot vacate crimes classified as violent offenses or crimes against persons. These categories can be nuanced, so consulting an attorney is recommended. Some eligible examples include assault in the second degree (without enhancements such as sexual motivation or deadly weapon and not against a child), assault in the third degree (not against a child or law enforcement), and robbery in the second degree.

Generally not. The Washington State Patrol does not allow arrest expungement for vacated cases unless a court specifically orders it, which is rare.

It should come back showing no conviction data once your case is vacated.

Your FBI record will still list the arrest and court information but will be updated to show that the case was vacated.

Much better. Juveniles in Washington are generally able to seal their records entirely, which removes the conviction, arrest data, and court file.

Almost every juvenile case can be sealed as long as no restitution is outstanding and the person is not required to register as a sex offender. If restitution is outstanding, it can be petitioned to be removed first, after which the case can be sealed.

You can consider filing a motion to seal the court file. These motions are complex and the court will weigh your right to privacy against the public’s right to access information. Sealing a case with a conviction is difficult but possible under specific circumstances. Sealing removes the court file from public view and from third-party background check companies but does not remove the case from your FBI record.

No. Third-party background check sites use automated crawlers to gather information from public court databases. Vacated cases remain public records, but those sites are required to update their listings—generally within a year—to reflect that the case was vacated.

Yes. I regularly assist clients throughout Washington and even internationally. Everything can be handled electronically through secure e-signatures and email. You do not need to appear in person.

Yes. The Washington Supreme Court’s decision in State v. Blake invalidated all drug possession convictions. This means that cases resulting in a conviction for simple drug possession are now eligible to be vacated regardless of other eligibility criteria. These cases are also eligible for arrest expungement, if the client otherwise qualifies, and for refunds of any fines or legal financial obligations paid.

The arrest expungement process removes arrest data from an FBI record. If you were arrested but not convicted, the arrest remains on your FBI file unless it is expunged. I assist clients with this process, which typically takes about three months.

To be eligible for arrest expungement, you must have no prior felony or gross misdemeanor convictions (unless they’ve already been vacated) and no arrests since the arrest you’re seeking to expunge. The case must have been dismissed or resulted in no charges being filed—not as part of a deferred sentence, deferred prosecution, or similar disposition. The timeline is the sooner of two years from the dismissal or decision not to file charges, or three years from the date of arrest.

No. Arrest expungement removes the arrest data from law enforcement and FBI records, but it does not destroy the court record. To remove the court record from public access, a separate motion to seal the court file is required.

I recommend completing the arrest expungement first. If the court record is sealed before the Washington State Patrol verifies eligibility for expungement, it may prevent the expungement from being processed.

There is no quick online way to obtain your FBI file. Some major post offices have fingerprint scanners for expedited processing, or you can follow the instructions on the FBI’s website to mail in a fingerprint card obtained from a police department.

You can request your Washington State Patrol record online through the WSP website for an $11 fee by creating an account.

Court dockets are obtained directly from the court of record. Many courts provide online access, but for older or sealed cases, you may need to contact the clerk’s office.

Police reports are obtained through a public disclosure request to the law enforcement agency that created the report. Each agency has its own process and online request form.

No. Police reports are public records and subject to disclosure under Washington’s Public Records Act. They are redacted to remove private or sensitive information, but they cannot be completely withheld from release.