Washington: Adult Non-Conviction Arrests (WA-NC-3)

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.

Record Detail(s)

No conviction obtained

Charges not filed

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Delete

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A request must be submitted to the criminal justice agency maintaining the data. If the petitioner meets the specified criteria, the non-conviction data will be deleted upon request. For the specific procedure, see Wash. Rev. Code § 10.97.060.

Fees

There is no statutory language regarding fees.

Effect

Criminal history data is deleted from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries. Wash. Rev. Code § 10.97.060.

Forms

For information regarding record modification in Washington, visit here.

Waiting Periods

The request can be filed three years after the arrest, citation, or warrant if no conviction is obtained.

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