You filled out a job application last month. The question said "have you ever been convicted of a crime." You hesitated. You have been hesitating over that question for years. In Washington State, there is a legal process that may let you answer "no" — honestly and legally. Washington calls it vacating, not expungement. That distinction matters, and so do a few quirks in how Washington's law works. This guide covers everything you need to know to figure out whether you may be eligible and what to do next.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Washington calls it "vacating" — here is what that means
Most states call it expungement or sealing. Washington uses the word vacation. When a Washington court vacates a conviction, the legal effect is that the conviction is no longer treated the same way on the state record.
Practically, vacating your conviction in Washington means that most employers, landlords, and licensing agencies running standard background checks will not see it in the same way. Court and state records eventually reflect the update.
What it does not do: federal records, FBI databases, and records held by federal agencies are not affected. Immigration consequences of the original conviction may remain. Some licensing boards may still ask about the underlying case during review.
- Check the current court record before you assume anything changed automatically.
- Manual filing is still the safer path if you need certainty.
- If your case involves multiple convictions or unusual offense details, confirm the exact record first.
- Do not rely on an old printout if your sentence or fees were updated later.
This guide focuses on the filing path you can control yourself.
- Confirm whether the case is a conviction, a dismissal, or something else.
- Check the offense class and any special exceptions that may apply.
- Make sure your record shows the sentence is finished.
- If you see conflicting versions of the record, use the court file as the tie-breaker.
A current record check is usually more reliable than memory or an old background report.
Who qualifies — and who does not
Washington's vacation law is detailed. The type of offense matters, the class of felony matters, and certain categories are excluded regardless of how much time has passed. The biggest barrier that catches people by surprise is the requirement that all fines, fees, and legal financial obligations be fully paid.
- Most misdemeanor convictions
- Most gross misdemeanor convictions
- Some Class C felony convictions
- Some Class B felony convictions
- Cases where the sentence is finished and the record is otherwise clean
- Cases with no new convictions during the waiting period
- Class A felonies
- Most violent offenses
- Sex offenses requiring registration
- Domestic violence cases that fall outside the exception rules
- Cases where restitution or other obligations are still unpaid
- Cases with a newer conviction during the waiting period
If your record has unpaid obligations, start there. That issue is often the first thing to resolve before filing.
Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
Waiting periods
Washington's waiting periods are measured from the date your sentence is fully discharged. That usually means after supervision ends and the court record shows completion.
The clock starts on the date shown below — not your arrest date.
Misdemeanor
Clock starts: after the sentence is fully completed
Check the current court record before relying on any automatic update.
Gross misdemeanor
Clock starts: after the sentence is fully completed
Some gross misdemeanors are treated differently, so confirm the offense details first.
Class C felony
Clock starts: after supervision and other sentence conditions end
You still need to check the offense class and any intervening convictions.
Class B felony
Clock starts: after supervision and other sentence conditions end
Only some Class B convictions qualify, so verify the statute and charge history.
The fines and fees problem — and what to do about it
Washington is one of the strictest states when it comes to requiring payment of all legal financial obligations before a vacation petition can be granted. This is a real barrier. Many people had fines, court costs, or restitution imposed at sentencing that accumulated interest over years. The total can be substantial.
If you cannot pay the full amount, ask the clerk what relief options exist in that county. Some offices will explain payment plans, fee waivers, or other ways to document the balance.
How to file in Washington — step by step
Washington does not have a central online filing system for vacation petitions. You file at the superior court in the county where you were convicted. The process is manageable, but preparation matters.
How to file your vacation petition in Washington
Get your Washington State criminal history
a few days • the current state-record feePull your court records
a few days • a small copy fee, if anyConfirm all fines, fees, and legal financial obligations are paid
Varies • Whatever you oweDownload the official petition form
a few minutes • FreeComplete the petition completely and accurately
about an hour • FreeFile your petition at the superior court in the county of conviction
a courthouse visit • a filing fee that varies by countyThe prosecutor is notified
a review period • NothingAttend your hearing
a brief hearing • NothingOrder signed — update your records
a few weeks • Nothing- The current court petition form for your case type
- Washington State Patrol criminal history report
- Court records showing the conviction date and sentence discharge date
- Proof that supervision or other sentence conditions ended
- A current balance statement or proof of payment for any remaining obligations
- Government-issued ID
- Filing fee payment
- Fee waiver application if you cannot afford the filing fee
- Two copies of all documents — one for the court, one for yourself
Every county is slightly different. Confirm the local filing instructions before you go.
Free and low-cost legal help in Washington
You do not need a lawyer to file a vacation petition in Washington. But if your case is complex — multiple convictions, a contested hearing, LFO issues, or you are not sure whether your offense qualifies — legal help matters. Washington has strong resources.
- Northwest Justice Project — free civil legal help for Washington residents who qualify.
- CLEAR Hotline — Washington legal helpline for low-income residents.
- Eastside Legal Assistance Program (ELAP) — King County area.
- Spokane County Bar Association Lawyer Referral Service.
- Seattle University School of Law Unemployment Law Project — also handles record-clearing cases.
- Washington Law Help — free legal information and self-help materials.
- Washington Courts Self-Help Resources — forms, instructions, and plain-language guides.
If you are unsure where to start, a legal aid intake line is usually the quickest next step.
After the vacation order is signed
When the judge signs your vacation order, the court sends notice to the Washington State Patrol. The record update can take a few weeks.
Keep certified copies of your vacation order. Private background check companies may not update immediately. If a company still shows the conviction later, send them a certified copy of the order and ask for a correction.
Once your conviction is vacated, you may answer "no" on most employment applications, housing applications, and other forms that ask whether you have been convicted of a crime. Washington law specifically protects your right to deny the conviction exists after it has been vacated. There are narrow exceptions — law enforcement employment and certain professional licenses — but for the vast majority of situations, the vacation does what it needs to do.
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Pre-filled court forms, step-by-step checklist, and process guidance — so you know exactly what to do next.