If you were convicted of a crime in Washington state, you can apply to have the record of your conviction vacated or sealed. You must meet certain conditions set by law. The record of your conviction will not be destroyed; if you are later charged with another crime, this conviction could be used against you.

Where to Start: 

The laws that permit the vacating and sealing of records of conviction are in the Revised Code of Washington (RCW). They tell you what is required to have your record of conviction vacated or sealed. Some of what you may need can be found at RCW 9.96.060 (misdemeanors), RCW 9.94A.640 (felony convictions under the Sentencing Reform Act of 1981), or RCW 13.50.050 (juvenile offenses). If you need to get a copy of your criminal history record, contact the Washington State Patrol.

Helpful Resources:

Criminal History and Criminal Records: A Guide on When and How to Challenge, Seal, Vacate or Expunge This brochure was written by the Washington Administrative Office of the Courts. It offers a good overview of the conditions you need to meet and the procedures you need to follow. It also includes instructions. It is available on the Washington State Courts' website or at the reference desk.

Washington Practice, KFW 80 .W3. Washington Practice is an encyclopedia of Washington state law written for lawyers. Volume 13, chapter 53 covers the restoration of civil rights, including pardons. The section dealing with vacation of records of conviction is limited to felony convictions under the Sentencing Reform Act of 1981.

Washington State Judges' Benchbook: Criminal Procedure, KFW 575 .W37 2005. This book is a guide for judges to criminal procedure in Washington state. Section 26 deals with discharges and vacations of records of conviction under the Sentencing Reform Act of 1981.

Forms:

The state has published some official forms. If these forms do not fit your situation, you will need to create your own forms using the published forms as guides. If you are doing this yourself, you may want to consult with an attorney.

Misdemeanors: Official forms are available on the Washington State Courts' website page for court forms. Choose the option for "Vacating/Sealing Records" under Criminal Law.

Felonies: No official forms are available. A model order is available in Washington Practice, volume 13, section 5205, but you will need to create other forms yourself.  The Northwest Justice Project has a publication about vacating/sealing felony convictions that includes detailed instructions and forms.

Juvenile Crimes: Official forms are available on the Washington State Courts' website page for court forms. Choose the option for Juvenile Court Records.