How to file for Washington vacate (set-aside) without a lawyer
Last updated: May 2026
Washington vacate (set-aside) is governed by RCW 9.94A.640 (felonies) and RCW 9.96.060 (misdemeanors). This page walks you through the petition, the forms you'll need, the realistic timeline, and the most common pitfalls — written for petitioners who want to handle the filing themselves.
Not legal advice
ExpungeReady is not a law firm and does not provide legal advice. The information on this page is general educational content about state expungement and record-sealing procedures. Document-preparation services we link to are not a substitute for legal representation. Eligibility rules vary by state, county, and individual circumstances — small mistakes on a petition can cause the court to deny your request.
If your case involves felony convictions, multiple offenses, immigration consequences, professional licensing, federal records, or any uncertainty about eligibility, consult a licensed attorney in your state before filing.
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DIY DIFFICULTY
2/5
Easy
FILING FEE
$0 for the motion (no statutory filing fee); $20 for certified copies of the order
Is DIY realistic in Washington?
Washington is one of the most DIY-friendly states for vacating convictions. The Washington Courts website publishes standardized forms (specifically the Motion and Declaration for Order Vacating Conviction). Misdemeanor marijuana vacate motions are particularly straightforward and the statute waives the standard waiting period. Most petitioners with a single conviction and no pending charges can succeed pro se.
Where the petition is filed
Filed as a motion in the same court that imposed the original conviction
Realistic timeline: 2–4 months from motion to hearing
Required forms
- Motion and Declaration for Order Vacating Conviction (statewide Pattern Form)
- Order Vacating Conviction (Proposed)
- Notice of Hearing
You can complete the forms yourself using the templates published by the Washington courts, or use a legal-forms service that pre-fills them based on your case details (faster, fewer mistakes, but does not provide legal advice).
Documents to gather first
- Certified copy of the judgment and sentence
- WSP criminal history report (via WATCH)
- Proof of completion of all sentencing requirements (probation, fines, restitution)
Pull your own Washington criminal-history record before you file. The petition has to match the official record exactly; case numbers, arresting agency, and disposition language must all line up. See our Washington background-check guide for the official self-check process.
Common reasons Washington petitions get denied
- Filing before the statutory waiting period (3 years for most misdemeanors, 5–10 years for most felonies after sentence completion)
- Outstanding restitution or unpaid LFOs — the court will not grant the motion until these are cleared
- Missing the prosecutor with proper service of the motion
- Confusing vacate with expungement (Washington does not have traditional expungement for adult convictions)
When you should hire a Washington attorney
Multiple convictions, opposition from the prosecutor, or any case with immigration consequences.
See Washington expungement attorneys →Frequently asked questions
How do I vacate a marijuana conviction in Washington?
File a Motion and Declaration for Order Vacating Conviction in the same court that imposed the original sentence, citing RCW 9.96.060 for misdemeanors. For marijuana possession convictions specifically, the legislature waived the standard waiting period — you can file immediately upon completing the sentence (or now, if the sentence is already complete). There is no filing fee.
How long does a Washington expungement take?
A Washington vacate (set-aside) petition typically takes 2–4 months from motion to hearing from filing to final order. After the order is granted, allow another 30–60 days for state and private databases to remove the entry.
How much does it cost to file an expungement in Washington?
The Washington vacate (set-aside) filing fee is $0 for the motion (no statutory filing fee); $20 for certified copies of the order. Document-preparation services cost an additional $40–$200; full attorney representation typically runs $800–$3,500.
How do I know if I qualify?
Eligibility depends on the specific offense, the disposition, the waiting period, and your overall criminal history — facts only a licensed attorney in your state can evaluate. Our consultation prep worksheet organizes the same information an attorney will ask about at a consultation.