Washington: Adult Diversion/Deferral Program (WA-D-3)

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.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This section applies only to violations under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c).

Procedure General

The petition must be filed in the sentencing court. For the specific procedure, see Wash. Rev. Code § 9.96.060.

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. The court records may remain available to the public after vacation.

Waiting Periods

There is a 6-month waiting period.

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