Informational, not legal advice. Statute citations and eligibility windows reflect research as of the “last verified” date on this page. Always confirm with a licensed attorney in your state of conviction before acting.
Washington expungement eligibility.
Washington requires you to file a petition with the court of conviction to seal your record. The eligibility, fee, and form details are below.
Note: Reclassified from auto → petition during 2026-05-04 verification: RCW 9.94A.640 is petition-based vacation, NOT automatic Clean Slate. Washington has no general automatic-sealing-of-convictions statute as of May 2026. Vacation under the New Hope Act (2019) is the operative pathway.
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Form checklist
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Wait periods by offense category
Years required between completion of all sentence requirements and the earliest date relief is available.
| Offense category | Wait period | Eligible after |
|---|---|---|
| Misdemeanor | 3 yr | Year 3 after sentence completion |
| Non-violent felony | 7 yr | Year 7 after sentence completion |
| Violent felony | Excluded | — |
| Sex offense | Excluded | — |
| DUI | 5 yr | Year 5 after sentence completion |
| Drug offense | 5 yr | Year 5 after sentence completion |
Wait periods are counted from the latest of: release from custody, end of probation/parole, or final restitution payment. Statute citation applies. Confirm with a licensed attorney before relying.
Compute your earliest eligible date
Enter your sentence-completion date and offense category to compute the earliest petition date.
Wait-period calculator
Wash. Rev. Code § 9.94A.640 (felonies) + § 9.96.060 (misdemeanors)Enter the date all sentence requirements were fully completed (release date, end of probation, or final restitution payment — whichever is latest). We'll compute the earliest date you can file.
Earliest eligible date: May 4, 2030
About 48 months remaining (wait period: 7 years).
How to file in Washington
- Pull a certified copy of your record from Washington's criminal history repository.
- Confirm restitution and fines are fully paid. Outstanding obligations block almost every petition.
- Confirm probation/parole discharge. Get a final discharge letter or a current letter from your supervising officer.
- Verify the wait period for your offense (table above) is satisfied.
- File the petition at the Sentencing court — Superior Court for felonies; District/Municipal Court for misdemeanors. Filing fee: varies — see the court website.
- Serve the prosecutor with notice of the petition. Most states require this before a judge will rule.
- Attend the hearing if the court schedules one. Many uncontested petitions are decided on the papers.
Recent amendments
Major statutory changes affecting record relief in Washington.
- 2019
New Hope Act (SHB 1041 / Ch. 331, Laws of 2019)
Amended RCW 9.94A.640 and 9.96.060 to expand vacation of misdemeanor and felony convictions and simplify the certificate of discharge process.
Primary source: app.leg.wa.gov ↗
Washington-specific carve-outs
Categories the law treats differently in this state.
Vacated still counts as prior
Convictions vacated on or after July 28, 2019 still count as prior convictions for charging recidivist offenses (RCW 9.94A.030).
Source: app.leg.wa.gov ↗Categorical exclusions
Violent offenses, most sex offenses, and DUI convictions are not eligible to be vacated.
Source: app.leg.wa.gov ↗
Common mistakes to avoid
Reasons Washington petitions get bounced or sealings fail to land.
- Vacation requires a Certificate of Discharge first under RCW 9.94A.637 — many petitioners file the vacation motion before discharge is entered.
- Outstanding legal financial obligations (LFOs) in some counties still block vacation despite the New Hope Act updates.
Excluded categories
These categories are typically excluded from petition relief in Washington based on our research. An attorney may still see options.
Sex offenses
Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.
See state-by-state pagesViolent felonies
Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.
DUI / DWI
Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.
Pending cases or unpaid restitution
Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.
Federal convictions
Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.
Related reading
When the eligibility clock starts
Why the wait period in Washington runs from the latest of release, end of supervision, or restitution paid.
What most states leave out
Categories of offenses excluded from automatic sealing and petition relief.
Unpaid restitution as a silent block
How an open balance on the criminal docket blocks an otherwise eligible record.
Sealing and professional licensing
Why FBI-fingerprint background checks see records that consumer reports don't.
Washington form checklist
What to assemble before you file. The petition gets bounced for missing items more than any other reason — work through this list end-to-end.
- Certified copy of your record from the state repository ($15–$30).
- Final probation/parole discharge letter or current supervisor letter.
- Restitution-paid confirmation from the court ledger or DA.
- The petition form (state-specific — see court website).
- Proposed order for the judge to sign.
- Fee waiver application if income qualifies.
- Notice to the District Attorney with proof of service.
- Filing fee.
Find an expungement attorney in Washington
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