Ending Without A Conviction
RCW 10.05.010 — deferred prosecution for a misdemeanor rooted in a treatable problem, petitioned at least seven days before trial
The petition. A person charged with a misdemeanor or gross misdemeanor in a court of limited jurisdiction may petition to be considered for deferred prosecution, at least seven days before the date set for trial, unless the court waives that for good cause.
What it alleges. The petition alleges under oath that the conduct charged resulted from substance use disorders, mental health disorders or domestic violence behavior problems needing treatment, that without treatment recurrence is highly probable, and that the person agrees to pay for diagnosis and treatment if able. It includes an assessment by an approved agency or certified provider.
Impaired driving. A person charged with the impaired driving offenses the section names is eligible only on the court's specific findings, and a first deferred prosecution for one is not counted as a prior offense against a second.
Not available. A domestic violence misdemeanor or gross misdemeanor that was originally charged as a felony in superior court is not eligible.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed Washington attorney. Sealing has its own page.
Sources for this section (2)
- RCW 10.05.010 — Deferred prosecution; petition; eligibility
- RCW 10.05.020 — Deferred prosecution; requirements of petition; rights of petitioner; court findings
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.