Expungement in Washington - Clearing Past Misdemeanors and Felonies

A criminal record can feel like a life sentence, impacting everything from job prospects and housing applications to your personal reputation. In Washington, you have options to move past a mistake and get a fresh start. While the term "expungement" is often used, the correct legal process in Washington for convictions is called vacating a conviction. Understanding the difference is the first step toward reclaiming your future.

Vacating a Conviction: A Path to a New Start

Many people ask, "Can I get my record expunged?" In Washington, there's a crucial distinction. Expungement is a legal remedy typically for non-conviction data—cases that were dismissed, charges that were never filed, or when a person was found not guilty. It means those records can be physically deleted from law enforcement databases.

For criminal convictions, the process is called vacating a conviction. When you successfully vacate a conviction, the court withdraws the original guilty plea or verdict, dismisses the case, and enters a finding of "not guilty" in its place. This is a game-changer. For most purposes, you can legally state that you were never convicted of that crime. It effectively removes the conviction from your criminal history for employment and housing background checks. However, it's important to remember that certain law enforcement agencies may still have access to the original information for specific purposes.

Eligibility Requirements: Misdemeanors and Felonies

Eligibility to vacate a conviction depends on the type of crime, how much time has passed, and your subsequent criminal history. It's not a one-size-fits-all process.

Misdemeanors & Gross Misdemeanors

A wide range of misdemeanors and gross misdemeanors, including many common charges like certain assault and DUI offenses, are eligible for vacation. The waiting period is generally three to five years after you've completed all sentencing terms, including paying fines and finishing any ordered treatment. During this period, you must not have any new criminal convictions.

Felonies

Under Washington's "New Hope Act" of 2019, more felonies than ever are eligible to be vacated. For a Class B felony, you must wait at least ten years since completing your sentence and have no new criminal convictions. For a Class C felony, that waiting period is five years. However, some serious crimes, such as certain violent offenses or sex offenses, are never eligible for vacation.

The Importance of Legal Counsel

While it's possible to navigate the process on your own, the path to vacating a conviction can be complex. The law has very specific requirements and timelines, and an incorrect filing can lead to a costly denial. An experienced criminal defense attorney can help you determine your eligibility, navigate the paperwork, and present a compelling case to the court.

Having a knowledgeable advocate on your side ensures all the i's are dotted and t's are crossed, greatly increasing your chances of success. They can also advise on related matters, such as the process for restoring your gun rights if applicable. If you're ready to explore your options for clearing your record, contact a firm that offers a free case review to understand your legal standing.