If you want to have a conviction vacated, you must file a motion with the court.
If you meet the following criteria, a court may, in its discretion, vacate the conviction.
o There are no criminal charges pending against you in any court of this state or another state, or in any federal court.
o You have not been convicted of a new crime in this state, another state, or federal court since the date you were sentenced on the crime you wish to have vacated.
o You have never had the record of another conviction vacated.
o You are not currently restrained, and have not been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an antiharassment protection order, or a civil restraining order which restrains one party from contacting the other party.
Charges which can NOT be vacated
Driving while under the influence ("DUI"), RCW 46.61.502
Actual physical control while under the influence, RCW 46.61.504
Operating a railroad, etc., while intoxicated, RCW 9.91.020
A violation of chapter 9A.44 RCW (sex offenses)
A violation of chapter 9.68 RCW (obscenity and pornography)
A violation of chapter 9.68A RCW (sexual exploitation of children)
A violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense
Special requirements for Domestic Violence convictions
If the crime you are seeking to have vacated involved domestic violence, you must:
o Provide the prosecuting attorney's office that prosecuted you with timely notice of your motion and declaration for order vacating conviction and file the original notice with the court.
o You must not have been convicted of any other domestic violence offense arising out of any other incident. (If the current application is for more than one conviction that arose out of a single incident, none of those convictions counts as a previous conviction.)
o Five years have elapsed since you completed the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing.
If the victim of the crime you are seeking to have vacated did not involve domestic violence, three years must have elapsed since you completed the terms of the original conditions of the sentence, including financial obligations.
Complete the form CrRLJ 09.0100, Motion and Declaration for Order Vacating Conviction.
You may want to review the court file or the court docket for the offense you are asking the court to vacate to obtain information you need to fill out the form. Some counties may require you to obtain copies of your criminal history records and attach them to your motion. Read the local court rules or contact the clerk of the court where you will file your motion to find out if this requirement, or any other local requirement, applies to you. Once you have completed and signed the motion and declaration form, make at least two copies. http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38
Schedule a hearing for the motion for order vacating conviction
To schedule a hearing, contact the clerk of the court where you were sentenced and ask for the date and time for the hearing. Then complete the form that court uses to schedule a hearing. Make at least two copies of the notice. File the original motion and declaration for order vacating conviction and notice document. On the same day that you file those documents with the clerk of the court, you must also provide a copy of the documents to the prosecuting attorney's office that prosecuted you. To notify the prosecuting attorney's office of the hearing, you may also use form CrRLJ 09.0150, Notice of Motion for Order Vacating Conviction. If you use this form, file the original with the clerk of the court and provide a copy to the prosecuting attorney's office, with a copy of the Motion and Declaration for Order Vacating Conviction attached. Keep a copy of the motion and declaration for order vacating conviction and the notice documents for your information.
Attend the hearing
The judge will hear your motion for order vacating conviction on the day scheduled for the hearing. You will need to attend the hearing. If the motion is granted, the judge will complete an order vacating your conviction. The clerk of the court will send a copy of the order to the Washington State Patrol and to the local law enforcement agency, if any, which holds criminal history information about you.
Additional resources provided by the author
Forms can be found at the website for Washington Courts (see link below)
Generally RCW 9.96.060 — Misdemeanor Offenses
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