Overview Description

Records relating to a conviction for a Class B felony can be vacated after 10 years, so long as the petitioner meets the specified criteria. Wash. Rev. Code §§ 9.94A.640(1), (2), 9.94A.637.

Ineligible Category or Citation

See section 9.94A.640(2) for offenses that are ineligible to be vacated.

Procedure General

The petition must be filed in the sentencing court. For the specific procedure, see Wash. Rev. Code §§ 9.94A.640, 9.94A.637.

Fees

There is no statutory language regarding fees.

Effect

The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.94A.640(3)(a). Court records may remain available to the public after vacation. Please consult a legal professional for more information.

Forms

More information on vacating criminal records can be found here.

Waiting Periods

The petition can be filed 10 years after release from community custody, release from confinement, or sentencing, whichever was latest.

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