Washington Felony Vacate Attorneys (RCW 9.94A.640)

Which felony convictions can be vacated in Washington?

Class B felony (non-sex offense, non-violent): 10-year wait from final discharge of all sentence conditions. Class C felony (non-sex offense): 5-year wait from final discharge. Class A felonies are generally NOT eligible. Sex offenses requiring registration are not eligible. Crimes against persons (murder, assault, kidnapping, robbery) are excluded.

The person must not have been convicted of any felony in Washington or any other jurisdiction during the waiting period. Any pending criminal charges disqualify the petition. Only ONE felony vacation is permitted per lifetime.

What does vacating a felony accomplish?

The guilty plea or verdict is withdrawn, a not-guilty finding is entered, and the information is dismissed. Washington law allows the person to state on most applications that they have never been convicted of the vacated felony. Employer background checks typically show the record as vacated or absent.

Important limits: law enforcement, courts, and prosecutors retain full access. Jobs requiring security clearances, state licensure (teaching, nursing, real estate), or work with vulnerable populations may still access or require disclosure of vacated records. Immigration consequences are complex and require an immigration attorney's advice.

Marijuana felony vacate (RCW 9.96.060(2)(a))

Washington has a separate, shorter pathway to vacate misdemeanor and certain felony marijuana possession convictions following legalization. Marijuana possession felonies that would now be lawful under current law can be vacated on a simpler motion without the 5- or 10-year wait. See the marijuana vacate page for details.

How to vacate a felony conviction in Washington

1. Pull your complete criminal record. Obtain a Washington State Patrol criminal history record and the complete case file from the county court to confirm the exact offense class, sentencing date, and discharge date.
2. Verify the 5- or 10-year waiting period. Class C felony: 5 years from absolute discharge. Class B felony: 10 years. The clock starts from the end of all sentence conditions — probation, community supervision, and payment of LFOs.
3. Confirm no disqualifying factors. Verify no other felony convictions during the waiting period, no pending charges, and the offense is not Class A, a sex offense, or a crime against persons.
4. File motion to vacate in Superior Court. File in the Superior Court of the county of conviction under RCW 9.94A.640. The motion must include the case number, a copy of the original judgment and sentence, and a declaration of eligibility.
5. Serve notice on prosecutor and victim. The county prosecuting attorney receives notice and has an opportunity to object or request a hearing. Any identified victim is also notified.
6. Appear at the hearing. Felony vacation hearings are more commonly contested than misdemeanor hearings. Be prepared to address any prosecution objection and to present evidence of rehabilitation.
7. Verify record updates. After the order is entered, confirm the Washington State Patrol record and local court records reflect the vacated status. Check that the FBI NCIC record has also been updated.

Statutes cited

• RCW 9.94A.640 (Vacation of conviction records — felonies) — RCW 9.94A.640
• RCW 9.96.060 (Vacation of conviction records — misdemeanors) — RCW 9.96.060

Frequently asked questions

Find an expungement attorney in Washington

Browse verified attorneys in Washington who handle felony vacate cases. Every listing is built from Washington State Bar public records.