Washington: Adult Diversion/Deferral Program (WA-D-2)

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.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This provision does not apply to chapter 18.130. Wash. Rev. Code § 9.95.240(e). See section 9.94A.640(2) for offenses that are not eligible to be vacated.

Procedure General

The petition must be filed in the sentencing court. For the specific procedure, see Wash. Rev. Code §§ 9.95.240, 9.94A.640.

Fees

There is no statutory language regarding fees.

Effect

A conviction that has been vacated under this section cannot be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Wash. Rev. Code § 9.95.240(2)(b).

Forms

For an application to vacate a felony in Washington, click here.

Waiting Periods

The petition can be filed after the period of probation has expired.

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