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Washington
Adult Criminal Record Clearance Overview
Adult criminal records for cases in which you were convicted are eligible to be vacated in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
- With certain exceptions, if you were convicted of a misdemeanor or gross misdemeanor, the record can be vacated three years after you complete your sentence.
- If you were convicted of a misdemeanor or gross misdemeanor related to domestic violence, the record can be vacated five years after you complete your sentence.
- With certain exceptions, if you were convicted of a Class C felony, the record can be vacated after five years.
- With certain exceptions, if you were convicted of a Class B felony, the record can be vacated after 10 years.
- If you were convicted of a marijuana misdemeanor at age 21 or older, the conviction can be vacated by applying to the sentencing court.
- If you were convicted of a crime as a result of being a victim of sex trafficking, prostitution, commercial sexual abuse of a minor; sexual assault; or domestic violence, your conviction can be vacated by the court immediately, so long as the petitioner meets the specified criteria.
- If you were convicted of a class B or class C felony as a result of being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence, your conviction can be vacated by the court immediately, so long as the petitioner meets the specified criteria.
Adult criminal records for cases in which you completed a diversion or deferral program are eligible to be vacated in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
- With certain exceptions, if your case was closed after you completed a suspended sentence, the record can be vacated without a waiting period.
- With certain exceptions, if your case was dismissed after you successfully completed probation, the record can be vacated without a waiting period.
Adult criminal records for arrests for which you were never convicted are eligible for deletion in some situations. You have to submit a request to the criminal justice agency that maintains the data related to the arrest to start the process.
- If the case ended in your favor, the record can be deleted two years after the case closes. If you meet the criteria, the agency has to grant your request. If you do not meet the criteria, it is up to the agency whether or not to grant your request.
- If you have not been convicted of any charges and the prosecution is not active three years after your arrest, the record can be deleted, so long as you are not a fugitive. If you meet the criteria, the agency has to grant your request. If you do not meet the criteria, it is up to the agency whether or not to grant your request.
Adult Criminal Record Clearance Policies
Convictions
Records relating to a conviction for a misdemeanor or gross misdemeanor can be vacated by the court three years after sentence completion, so long as the petitioner meets the specified criteria. Wash. Rev. Code § 9.96.060(1), (2).
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Records relating to a conviction for a misdemeanor or gross misdemeanor relating to domestic violence can be vacated by the court five years after sentence completion, so long as the petitioner meets the specified criteria. Wash. Rev. Code § 9.96.060(2)(e).
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Records relating to a conviction relating to fishing activities that occurred prior to January 1, 1975, can be vacated by the court if the person convicted claims to have been exercising a treaty Indian fishing right. If the person is deceased, a family member or official representative of the tribe can file the petition. Wash. Rev. Code § 9.96.060(4).
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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.
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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.
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Records relating to a misdemeanor marijuana offense committed at age 21 or older are vacated upon application to the sentencing court. RCW § 9.96.060(5).
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Records relating to a conviction for being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence can be vacated by the court immediately, so long as the petitioner meets the specified criteria. Rev. Code Wash. (ARCW) §9.94A.640(3).
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Diversion/Deferral Program
Records relating to a case terminated upon the completion of a suspended sentence can be vacated by the court if the person has met the equivalent of the tests in section 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984. Wash. Rev. Code § 9.92.066.
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Records relating to a case dismissed upon the successful completion of probation can be vacated by the court if the petitioner has met the equivalent of the tests in section 9.94A.640(2) as those tests would be applied to a person convicted of a crime before July 1, 1984. Wash. Rev. Code § 9.95.240.
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If a person convicted of violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a substance use disorder program and files proof of completion with the court, or obtains an assessment from a recovery navigator program, an arrest and jail alternative program, or a law enforcement assisted diversion program, and has six months of substantial compliance with recommended treatment, the court must vacate the conviction or convictions.
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Non-Conviction Arrests
Information relating to an arrest and charge will be deleted by the criminal justice agency three years after the arrest if no conviction has been obtained and the case is not under active prosecution, so long as the defendant is not a fugitive, has no prior felony or gross misdemeanor convictions, and no subsequent charges. Wash. Rev. Code § 10.97.060.
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Information relating to an arrest and charge can be deleted by the criminal justice agency three years after the arrest if no conviction has been obtained, so long as the defendant is not a fugitive and the case is not under active prosecution. Wash. Rev. Code § 10.97.060.
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Information relating to an arrest and charge will be deleted by the criminal justice agency two years after the entry of a disposition favorable to the defendant, so long as the person has no prior felony or gross misdemeanor conviction and no pending charges. Wash. Rev. Code §§ 10.97.060, 10.97.030.
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Information relating to an arrest and charge can be deleted by the criminal justice agency two years after the entry of a disposition favorable to the defendant. Wash. Rev. Code §§ 10.97.060, 10.97.030.
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Juvenile Record Clearance Overview
Below is a general overview of when juvenile records can be sealed or destroyed in Washington. Please note that the Clean Slate Clearinghouse does not provide legal advice.
Read the legal policies and statutes for detailed statutory information.
Juvenile Record Clearance Policies Overview
Some juvenile records for cases in which you were adjudicated (found guilty) can be sealed.
- With certain exceptions, if you were adjudicated (found guilty), your record can be sealed after you turn 18 and your case, probation, or commitment ends, whichever occurs last. You should not have to do anything to get your record sealed if you meet the criteria. Some serious offenses cannot be sealed in this way.
- If you were adjudicated (found guilty) of a Class A offense, your record can be sealed five years after your case, probation, or commitment ends, whichever occurs last. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria.
- If you were adjudicated (found guilty) of any offense besides a Class A offense, your record can be sealed two years after your case, probation, or commitment ends, whichever occurs last. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria.
- You may not be eligible for sealing if you have certain convictions or adjudications on your record, have pending criminal or juvenile charges, or have not paid all the restitution owed to the victim in the case.
Juvenile records can be sealed after you successfully complete a diversion or deferral program.
- If you successfully complete a diversion agreement, your record can be sealed two years after you meet the conditions of your agreement. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria.
- If you successfully complete a deferred disposition and the case is dismissed on or after June 7, 2012, your record should be automatically sealed two years after your case is dismissed. You should not have to do anything to get your record sealed.
- If you successfully completed a deferred disposition and the case was dismissed before June 7, 2012, your record can be sealed two years after your case was dismissed. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria
- With certain exceptions, some dismissed cases can be automatically sealed.
If you were never charged with an offense, you may be able to get the records related to your diversion or counsel and release destroyed. Some records are automatically destroyed and others require you to submit a request to the court.
Find a Lawyer
If you think you might be eligible to have your record sealed or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.
Court Forms and Resources
If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.
Juvenile Record Clearance Policies
Court Records
A record relating to the successful completion of a deferred disposition that was dismissed and vacated as of June 7, 2012, or later will be sealed so long as the person is 18 years of age or older and the full amount of restitution has been paid. Wash. Rev. Code §13.40.127(10)(a)(i).
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A record relating to the successful completion of a deferred disposition that was dismissed and vacated prior to June 7, 2012, will be sealed upon petition to the court if restitution has been paid and the person is 18 years old or older. Wash. Rev. Code §13.50.260(4)(c).
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Court Records and Law Enforcement Records
Records relating to a person whose criminal history consists of only referrals for diversion will be destroyed upon petition if the person is 23 years of age or older and the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense. Wash. Rev. Code § 13.50.270(3)(a)(ii).
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Records relating to a juvenile adjudication can be sealed by the court so long as the person is at least 18 years old and not subject to a disqualifying event. Wash. Rev. Code §13.50.260(1).
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Records relating to an acquittal or upon the dismissal of charges with prejudice will be sealed immediately. Wash. Rev. Code §13.50.260(2).
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Records relating to the completion of a diversion agreement will be sealed so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).
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Records relating to a class B, class C, gross misdemeanor, or misdemeanor offense will be sealed upon motion so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).
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Records relating to class A offenses will be sealed so long as the person has spent five consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(a).
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Records relating to a person whose criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008, will be destroyed so long as the person is at least 18 years old, at least two years have passed since completion of the agreement or counsel and release, and the person is not subject to a disqualifying event. Wash. Rev. Code § 13.50.270(1).
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Records relating to a person whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008, will be destroyed upon motion if the person is 18 years of age or older and two years have elapsed since the completion of the agreement or counsel and release. Wash. Rev. Code § 13.50.270(3)(a)(i).
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Find A Lawyer
Legal service providers located in the state.
Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.
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