Vacating A Conviction
RCW 9.96.060 — three years for most misdemeanors, and five or ten for felonies
In Washington, a person convicted of a misdemeanor or gross misdemeanor may apply to the sentencing court to vacate the record. For most such offenses, at least three years have to have passed since release from supervision or confinement or the sentencing date, whichever is later, with no new conviction in the three years before applying.
| For a felony | Time since release or sentencing, whichever is later | No new conviction in the prior |
|---|---|---|
| For a felonyClass C | Time since release or sentencing, whichever is laterFive years | No new conviction in the priorFive years |
| For a felonyClass B | Time since release or sentencing, whichever is laterTen years | No new conviction in the priorTen years |
A vacated conviction can be answered as never convicted. Once a felony record is vacated, the person is released from its penalties and disabilities and may state, including on employment applications, that they have never been convicted of that crime, and the state patrol and local police may not disclose it except to other criminal justice agencies.
Violent offenses and crimes against persons generally cannot be vacated, with narrow exceptions, and neither can a record while charges are pending.
Sources for this section (2)
- RCW 9.96.060 — Vacating misdemeanor and gross misdemeanor convictions
- RCW 9.94A.640 — Vacation of felony conviction
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.