Yes, Washington law allows certain criminal convictions to be vacated and, in some circumstances, records to be sealed — but eligibility depends on the type of offense, how much time has passed, and whether you have met all the conditions of your sentence. A vacated conviction is withdrawn and dismissed, and you can legally say you were not convicted of that offense in most contexts. Not every conviction qualifies, and the process requires filing a motion in the court where you were originally convicted — for most Spokane residents, that means Spokane County Superior Court or one of the district or municipal courts.
What Does It Mean to “Vacate” a Conviction in Washington?
When a Washington court vacates a conviction, it withdraws your guilty plea or verdict, dismisses the charge, and enters a not-guilty finding on the record. Under Washington law, once a conviction is vacated you may lawfully state on most job applications and in most private settings that you were not convicted of that offense. This can be life-changing for housing, employment, and professional licensing.
Vacation is not the same as expungement — a term used in many other states. Washington does not have a general expungement statute that physically destroys records. Vacation changes the legal status of the record, but law enforcement and certain licensing agencies can still see the underlying history. That distinction matters, and it is worth discussing with a Spokane criminal defense attorney before you decide whether to file.
Who Qualifies to Have a Conviction Vacated?
Eligibility turns on several factors. Washington has different rules for misdemeanors and felonies, and some offenses are categorically ineligible.
Misdemeanor Convictions
- A waiting period must pass after you complete all conditions of your sentence, including probation, fines, and community service. The required period varies depending on the offense.
- You must not have any pending criminal charges or new convictions during the waiting period.
- The conviction cannot be for certain disqualifying offenses — including most domestic violence offenses, DUI and related vehicular offenses, and sex offenses, among others.
- You can only vacate one misdemeanor conviction in your lifetime under Washington law.
Felony Convictions
- Class B and Class C felonies may be eligible for vacation after a longer waiting period following discharge of sentence, provided you have no new criminal history and no pending charges.
- Class A felonies are generally not eligible for vacation.
- Sex offenses and certain violent offenses are categorically excluded regardless of class.
- Drug offense convictions may have different pathways depending on when and how you were convicted — including changes resulting from the State v. Blake decision and subsequent legislative action.
In our experience, many people are surprised to learn they may qualify — or, equally often, that a conviction they assumed was minor actually falls into a disqualified category. The only reliable way to know is to pull the actual record and analyze it against current Washington law.
What About Sealing Court Records?
Sealing is a separate process. In Washington, a court can seal the official court file so that the public cannot view it, but sealing is harder to obtain than vacation and is not automatically granted alongside a vacation order. Courts weigh the public’s right of access against your privacy interest. Sealing is most commonly sought when a case was dismissed, when charges were never filed after an arrest, or in certain juvenile matters.
For adult criminal cases in Spokane County Superior Court, a motion to seal must show a compelling privacy interest that outweighs public access — a high bar. Getting a conviction vacated first and then seeking to seal the file is one approach attorneys use, but success is not guaranteed.
What Happens to Arrest Records?
An arrest that did not result in a conviction — charges were dropped, you were acquitted, or the case was diverted — does not automatically disappear from background checks. Washington law provides a process to ask the court to seal the court file in those situations, and you can also request that the Washington State Patrol and local law enforcement agencies restrict dissemination of the arrest record. This is sometimes loosely called an “expungement” in everyday conversation, but it is technically a restriction on dissemination, not destruction of the record.
If your charges were dismissed after completing a deferred prosecution or a deferred disposition, the dismissal itself may open the door to sealing the underlying court file — but again, the specific facts of how and why the case was resolved matter enormously.
How Does the Vacation Process Actually Work in Spokane?
Here is the practical sequence for most Spokane County cases:
- Pull your record. Obtain a certified copy of your judgment and sentence and confirm all conditions are satisfied. The Washington State Patrol’s WATCH system and the Spokane County Clerk’s office are useful starting points.
- Confirm eligibility. Verify the offense type, the waiting period, and your conviction history before spending time and filing fees on a motion that will be denied.
- Draft and file the motion. The motion is filed in the originating court — Superior Court, district court, or municipal court — depending on where you were convicted. Each court has its own local rules and filing requirements.
- Serve the prosecutor. The prosecuting attorney’s office receives notice and may object. In Spokane County, the Spokane County Prosecutor’s Office handles Superior Court matters; city cases go through the City Attorney’s office.
- Attend the hearing. A judge reviews the motion, considers any objection, and rules. Many straightforward vacation motions are granted without significant argument, but contested cases or unusual records can require more advocacy.
- Update downstream databases. After the order is entered, you or your attorney should follow up to ensure the Washington State Patrol, court databases, and commercial background-check services update their records. This step is often overlooked and can cause problems months later.
Timelines vary. An uncontested misdemeanor vacation in a Spokane municipal court can sometimes be resolved in a few weeks. A felony vacation in Superior Court with a contested hearing can take several months. For a realistic sense of how long court processes run locally, see our related article on how long a criminal case takes in Spokane County.
Should You Handle This Without an Attorney?
Washington courts do not require you to have a lawyer to file a vacation motion, and some people successfully handle straightforward misdemeanor vacations on their own. That said, a mistake in the motion — wrong offense analysis, missed disqualifying history, improper service — can result in a denial that makes it harder to refile. Given that vacation can affect your housing, career, and peace of mind for decades, professional review is usually worth the cost. If you are unsure whether your record qualifies, see our post on whether you need a lawyer for a misdemeanor charge in Washington for broader context on when legal help makes a difference.
This article is general information about Washington law and is not legal advice for your specific situation. Laws in this area have changed in recent years and may continue to change. Contact Schwab Law, P.L.L.C. at (509) 795-1894 to discuss whether your record qualifies.
Key takeaways
- Washington allows certain convictions to be vacated — not expunged — which legally changes the record's status but does not physically destroy it.
- Misdemeanors and Class B/C felonies may qualify, but sex offenses, most DUIs, domestic violence convictions, and Class A felonies are generally ineligible.
- Sealing a court file is a separate, harder process that requires showing your privacy interest outweighs the public's right of access.
- Arrest records that did not result in conviction can often be restricted from public dissemination through a separate court process.
- After a vacation order is entered, following up to update the Washington State Patrol and commercial background-check databases is a critical step many people skip.
Frequently asked questions
How long do I have to wait before vacating a conviction in Washington?
The waiting period depends on the type of offense and is measured from the date you completed all conditions of your sentence, including probation and payment of fines. Misdemeanors and felonies have different waiting periods under Washington law, and the clock does not start until every condition is fully satisfied.
Will a vacated conviction still show up on a background check?
It should not appear as a conviction on most private employer background checks after the vacation order is entered, and you can legally say you were not convicted in most contexts. However, law enforcement agencies and certain professional licensing bodies retain access to the underlying history, so the record is not completely invisible to every entity.
Can a DUI conviction be vacated in Washington?
DUI and related vehicular offenses are among the offenses specifically excluded from vacation eligibility under Washington law, so in most cases a DUI conviction cannot be vacated. If you have a DUI on your record, an attorney can review the specific facts and conviction date to confirm whether any exception applies.
What is the difference between vacating a conviction and sealing a record in Washington?
Vacation changes the legal status of a conviction — it is withdrawn and dismissed — while sealing restricts public access to the physical court file. They are separate legal processes, and obtaining a vacation does not automatically seal the file; a separate motion to seal must be filed and approved by the court.
Helpful resources
- Washington State Courts — Self-Help Center (Vacating a Conviction)
- Revised Code of Washington (RCW) — Title 9 and Title 9A (Criminal Statutes)
- Washington State Patrol WATCH Background Check System
- Spokane County Superior Court — Clerk's Office
Have a criminal defense question about your own situation? Learn more about how we can help, or call Schwab Law, P.L.L.C. at (509) 795-1894 for a consultation.
This article is general information about Washington law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different — for advice about your specific circumstances, please consult a licensed Washington attorney.
