Free Expungement Help in Washington State

Reviewed: May 28, 2026

Washington State uses a "vacate" system rather than expungement — once vacated, the conviction is withdrawn and the defendant is released from all penalties and disabilities. It's a powerful remedy. Marijuana vacates under HB 1041 are automatic and free. For other vacates, the petition process is manageable and the Northwest Justice Project provides excellent free help statewide.

At a glance

✓ Washington uses "vacation" — once vacated, conviction is withdrawn as if it never occurred
✓ HB 1041 marijuana vacate is AUTOMATIC — if not vacated yet, contact the court of conviction
✓ Northwest Justice Project (nwjustice.org) provides free help statewide for income-qualifying clients
✓ King County Bar Neighborhood Legal Clinics run free vacate clinics across King County
✓ File Motion to Vacate at the court of original conviction (district court or superior court)

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Washington marijuana vacate — automatic and free

HB 1041 (2021) required Washington courts to automatically vacate qualifying marijuana convictions. If your marijuana conviction has not been vacated, contact the court that handled the case — the vacate should have happened automatically. You do not need to petition. This is one of the strongest automatic marijuana relief programs in the country.

Petition-based conviction vacation

For non-marijuana convictions, Washington's record-clearing remedy is a "Motion to Vacate" under RCW 9.96.060 (misdemeanors) or RCW 9.94A.640 (felonies). The motion is filed in the court of conviction — King County Superior Court for felonies in King County, or the appropriate District Court or Municipal Court for misdemeanors. After the court grants the motion, the conviction is withdrawn and the defendant is released from all penalties — treated as if it never occurred for most purposes.

Washington LawHelp (washingtonlawhelp.org) provides free self-help guides for the vacation process with forms and instructions specific to Washington courts.

Free legal aid in Washington

Northwest Justice Project (nwjustice.org) is the statewide civil legal aid organization and handles conviction vacation petitions statewide for income-qualifying clients. Seattle-King County Bar Association Neighborhood Legal Clinics (kcba.org) run free legal clinics across King County — call their Lawyer Referral Service for the next expungement/vacate clinic in your neighborhood. TeamChild (teamchild.org) specializes in youth records in Washington. Washington LawHelp (washingtonlawhelp.org) provides free self-help resources online.

Frequently asked questions

Is marijuana vacate automatic in Washington?

Yes. HB 1041 (2021) required courts to automatically vacate qualifying marijuana convictions. You do not need to petition. If your marijuana conviction has not been vacated, contact the court that handled the case.

What is the difference between vacating and expunging a conviction in Washington?

Washington uses "vacate" rather than "expunge." Once vacated, the conviction is withdrawn and the defendant is released from all penalties and disabilities. The record may still appear on some background checks but is marked as vacated — similar in practical effect to expungement in other states.

Can all convictions be vacated in Washington?

Not all. Class A felonies, sex offenses, and certain violent offenses are generally not eligible for vacation. Most misdemeanors and lower-level felonies are eligible after applicable waiting periods (typically 3 years for misdemeanors, 5–10 years for felonies). Northwest Justice Project can screen your specific record for eligibility.

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