Vacate Conviction Washington State

The Law Office of Stefanie Dorn created this statewide resource to help Washington residents understand how the vacate process works in each county and what related record‑clearing options may be available. Because every court has its own procedures, timelines, and requirements, this guide summarizes local practices across Washington and explains how other remedies — like record sealing, expungement, and juvenile relief — fit into the larger process of rebuilding your future. All information reflects Attorney Dorn’s direct experience handling post‑conviction relief in Superior, District, and Municipal Courts throughout Washington State.

In Washington State, vacating a conviction means asking the court to withdraw a guilty plea, set aside the judgment, and dismiss the case. Once the court grants a motion to vacate, the conviction is removed from your record and will no longer appear on a Washington State criminal history (RAP sheet) maintained by the Washington State Patrol. The case is legally treated as if the conviction never occurred.

Under RCW 9.94A.640 and RCW 9.96.060, a vacated conviction releases you from many of the penalties and disabilities that came with the case. The court’s vacate order specifically states that you may answer truthfully — for all purposes, including housing, employment, and licensing — that you have never been convicted of the crime.

Vacating a conviction is not the same as sealing or expunging a record:

• Vacating removes the conviction itself and changes the legal status of the case.
• Sealing limits public access to court records but does not alter the underlying conviction.
• Expunging applies only to non-conviction data (such as arrests) under RCW 10.97.060.

Because every conviction and county procedure is different, it’s important to confirm eligibility before filing a motion. Attorney Stefanie Dorn reviews criminal history records, WATCH reports, and court dockets to determine which form of post-conviction relief is available in each client’s situation.

Eligibility to vacate a conviction in Washington depends on the type of criminal conviction, the time that has passed, and whether all court obligations have been satisfied. In all cases, you cannot have any pending criminal charges when filing a motion to vacate. The specific rules differ for felonies, misdemeanors, domestic-violence offenses, DUI-related offenses, and juvenile cases.

Felony Convictions – RCW 9.94A.640

Most Class B and C felony convictions can be vacated once the waiting period has passed and all court obligations have been completed.

• Class B felonies: 10 years must have passed since the later of your sentencing date, your release from custody, or your completion of supervision by the Department of Corrections.
• Class C felonies: 5 years must have passed since the later of those same dates.
• You cannot have any new criminal convictions in the last 5 years (Class C) or 10 years (Class B).
• All court obligations must be complete — however, there are exceptions for fines and restitution, and in many cases, we can file a motion to waive remaining balances.
• Certain violent, sex, and DUI-related felonies are ineligible.

Misdemeanor and Gross-Misdemeanor Convictions – RCW 9.96.060

Most misdemeanor and gross-misdemeanor convictions can be vacated after the required waiting period.

• At least three years must have passed since the end of your probationary period (or five years for offenses labeled as domestic violence).
• All court obligations should be satisfied, though there are exceptions for fines and restitution, and a motion can often be filed to waive or forgive remaining amounts.
• You must not have been convicted of a new criminal offense in the last three years.
• The conviction cannot be for DUI or physical control, and some sex offenses are also not eligible.

Domestic-Violence-Related Misdemeanors

A misdemeanor labeled as domestic violence may be vacated only if:

• You have completed all court-ordered conditions.
• At least five years have passed since completion of probation or sentence.
• You have fewer than two domestic-violence convictions stemming from separate incidents.

DUI and Physical-Control Offenses

Under Washington law, DUI and physical-control convictions cannot be vacated.
However, reduced charges such as reckless driving or negligent driving may qualify to be vacated if 10 years have passed since the arrest date.

Juvenile Records – RCW 13.50.260

Juvenile court convictions (called “adjudications”) can often be vacated and sealed once the case is closed and restitution is addressed. A conviction free period of 2-5 years is required, although, unlike in adult court, it does not have to be the last 2-5 years. In many cases, fines and restitution can be waived or forgiven, allowing the record to be sealed without additional waiting periods.

Once the court grants your Motion to Vacate, several important updates occur — but it’s crucial to verify that each step is completed correctly.

1. Court Records Update
   The signed Order to Vacate Conviction becomes part of your case file. The court updates its docket to reflect that the conviction has been vacated and the case dismissed.
2. Washington State Patrol (WSP) Processing
   The clerk is responsible for sending the signed order to the WSP for inclusion in your official criminal history record. However, our office also sends the order directly to the WSP to make sure the update is completed promptly.
3. FBI and National Database Update
   Once the WSP processes the order, it forwards the update to the Federal Bureau of Investigation (FBI). The FBI record is then updated to show that the matter has been vacated on your federal criminal history file.
4. Verification of Record Removal
   After both updates are complete, we obtain a new WATCH report to confirm that the conviction has been removed from your Washington State criminal history. We also verify that the FBI file reflects the updated “vacated” status.
   • Clients receive a copy of the updated WATCH report for their records.
5. Practical Effects
   After the vacate is processed, you may legally state — for all purposes including employment, housing, and licensing — that you have not been convicted of the crime.
   Many clients notice the greatest impact during background checks for jobs, professional licensing, travel, or housing applications.

Each Washington county and municipal court handles vacate motions a little differently. Below are concise overviews of what to expect in key jurisdictions across the state, with links on your website to detailed pages for each location.

Vacating a conviction in King County Superior Court is a clear and organized process typically completed without a hearing. With the prosecutor’s agreement — usually after a review period of about two months — the full process takes roughly three months from start to finish. Clients provide basic information and an electronic signature while our office manages all communication with the prosecutor, court, and Washington State Patrol.
Learn more: King County Superior Court

Clearing a conviction in King County District Court is straightforward but slower, usually taking about three to six months. Hearings can often proceed without the client present, as your attorney handles appearances. Judges may review objections for cases reduced from DUI charges, but most eligible convictions are ultimately cleared.
Learn more: King County District Courts

In Seattle Municipal Court, most misdemeanor convictions can be vacated through agreement between attorneys, without a hearing. The process typically takes three to six months, and clients only need to provide basic information and an electronic signature for filing. Our office handles all communication with the prosecutor and court.
Learn more: Seattle Municipal Court

Kirkland Municipal Court offers a smooth and efficient process for vacating convictions. While prosecutors may occasionally raise objections — especially in domestic-violence cases — most motions are granted after a brief Zoom hearing handled entirely by your attorney. Cases are typically resolved within one to two months.
Learn more: Kirkland Municipal Court

Snohomish County Superior Court offers a smooth and efficient process. Once eligibility is confirmed, the prosecutor typically agrees and signs off, allowing the matter to proceed without a personal appearance. Most cases are completed in about three weeks and require only an electronic signature from the client.
Learn more: Snohomish County Superior Court

Vacating a conviction in Snohomish County District Courts is a predictable, smooth process. Although a hearing is set, clients do not need to appear — your attorney handles it. Most prosecutors agree once eligibility is confirmed, and the process usually takes about a month.
Learn more: Snohomish County District Courts

Municipal courts in Snohomish County — including Everett, Lynnwood, and Edmonds — offer a fast, cooperative process for clearing convictions. Prosecutors frequently agree to vacate, allowing most matters to be resolved on paper without a hearing or personal appearance. Everett often finalizes in about two weeks; Lynnwood and Edmonds typically within a month.
Learn more: Everett, Edmonds & Lynnwood Municipal Courts

Federal Way Municipal Court is known for its quick turnaround, often finalizing vacate motions within two weeks to a month. Most cases resolve with prosecutor agreement, and although a Zoom hearing is required, clients do not need to appear — your attorney handles it.
Learn more: Federal Way Municipal Court

Kitsap County courts are reasonable and efficient. With attorney involvement, most cases conclude in about a month or less, often requiring just an electronic signature. If a hearing is necessary, your attorney handles it entirely.
Learn more: Kitsap County Courts

Island County courts are among the most efficient and cooperative in Washington. Most matters are resolved by agreement with electronic signatures and no hearings required. Our office manages the process start to finish.
Learn more: Island County Courts

Lower Kittitas District Court in Ellensburg (home to CWU) has a smooth, cooperative process for many college-related offenses such as drinking, supplying liquor, petty theft, or reckless driving. With attorney involvement, most are resolved on paper without hearings, saving clients the trip back to Ellensburg.
Learn more: Kittitas County / CWU

Franklin County Superior and District Courts are cooperative and efficient. Most motions can be processed entirely by mail, with attorney-prepared paperwork and ex parte fees. When the prosecutor agrees, cases are often resolved without a hearing.
Learn more: Franklin County / Tri-Cities

Yakima County courts are known for speed and simplicity. Most cases are handled ex parte with prosecutor agreement, usually taking two weeks to a month — among the fastest timelines in Washington.
Learn more: Yakima County Courts

At WSU Court in Whitman County, most vacate and expungement matters are handled by agreement without a hearing. Common student-related offenses — such as theft, reckless driving, supplying liquor, or MIP — are often eligible. Our office manages every step.
Learn more: Whitman County / WSU

In Walla Walla, residents seeking to vacate, seal, or expunge criminal records can rely on Attorney Stefanie Dorn’s experienced, practical guidance. We provide concrete, compassionate support and clear direction through each step under Washington law.
Learn more: Walla Walla County

Whatcom County courts still require original, wet-ink signatures on filings, which slows the process but ensures precision. Many prosecutors are open to agreement-based resolutions, allowing motions to be granted on paper without a hearing. Our office manages signatures, mailing, and filings to prevent delay.
Learn more: Bellingham / Whatcom County

Sealing Court Records (GR 15)

When a record is sealed, the public and background‑check companies can no longer view it in court databases. Under General Rule (GR 15), Washington courts may grant sealing when a person’s privacy or rehabilitation interest outweighs the public’s need for access. This relief is often used for adult criminal cases where disclosure would cause unnecessary harm and for protection‑order cases or other sensitive matters. A sealed record is removed from commercial data brokers and third‑party background‑check companies such as Instant Checkmate, TruthFinder, BeenVerified, Intelius, PeopleFinder, and similar sites that aggregate court data. Our office handles GR 15 motions statewide, preparing declarations and proposed orders tailored to each county’s procedures — for example, King, Snohomish, Whatcom, and Kitsap Counties each have distinct filing requirements.

Expunging Non‑Conviction Data

If your case was dismissed, declined, or ended without a conviction, you may be eligible to have the arrest record deleted from the Washington State Patrol’s (WSP) non‑conviction database. Even if you were not convicted, an arrest will appear on your FBI file unless it is expunged. Once the deletion request is approved, the data is removed from WSP’s non‑conviction record database and it is also removed from your FBI record, preventing the arrest from appearing in federal background checks. Our office prepares and submits the expungement request directly to WSP and confirms that both WSP and the FBI have updated their records accordingly.

Certificates of Discharge

For felony cases, a Certificate of Discharge from the Superior Court is often a prerequisite to vacating the conviction. If the certificate has not already been issued, our office prepares the motion and proposed order to document completion of sentence obligations — ensuring eligibility for later vacate or sealing relief.

Juvenile Record Relief

Most juvenile cases — where the client is not required to register as a sex offender — are eligible to be vacated and sealed. When granted, the juvenile conviction is vacated, the arrest record is expunged, and the case file is sealed. Restitution and fines may also be waived at the court’s discretion. Our office frequently handles these juvenile motions across King, Snohomish, Kitsap, Yakima, and Whatcom Counties, coordinating directly with juvenile clerks and confirming with WSP that the updates have processed correctly.

Comprehensive Record Review

Every person’s record is different. Our process begins with a complete WATCH and docket review to determine which convictions qualify for vacating or sealing, whether expungement of non‑conviction data is available, and whether any prerequisite orders (like a Certificate of Discharge) are needed first. Once eligibility is confirmed, we prepare and file all documents, then verify with both WSP and the FBI that your record accurately reflects the relief granted.