Overview Description

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

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

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

There is no statutory language regarding fees.

The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of the crime for all purposes, including questions on employment applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.94.640(3). Court records may remain available to the public after vacation. Please consult a legal professional for more information.

More information on vacating a conviction can be found here.

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