Washington Marijuana Misdemeanor Vacation Attorneys
Last updated: May 2026
Washington enacted streamlined relief for misdemeanor marijuana convictions in 2019 (SB 5605). Under RCW 9.96.060(5), an adult who was convicted of a misdemeanor marijuana possession offense (40 grams or less, by someone 21 or older at the time of the offense) may apply to have the conviction vacated regardless of when the conviction occurred and without the standard waiting period.
Who qualifies?
The conviction must be for a misdemeanor or gross misdemeanor for possession of marijuana (40 grams or less), and the defendant must have been 21 years of age or older at the time of the offense. There is no waiting period and no requirement to show good behavior in the years since.
Convictions involving sale, delivery, manufacture, or possession with intent are not covered by the streamlined provision and must use the standard vacation analysis under RCW 9.96.060.
How the application works
The petitioner (or attorney) files a Motion and Order to Vacate Misdemeanor Marijuana Conviction in the court of conviction. Many courts have adopted a standardized form. The motion identifies the case number, conviction date, and statutory basis. Courts generally grant qualifying motions without a contested hearing.
Effect of the order
Once vacated, the conviction is removed from the petitioner's public criminal history. The petitioner may state in most contexts that they have not been convicted of the offense. The court file is not automatically sealed; a separate motion is required if file-level sealing is desired.
Frequently asked questions
Do I need an attorney?
Many petitioners use the standardized forms successfully without counsel. An attorney can be helpful when the record is complex, the original case file is hard to obtain, or when sealing the underlying court file is also desired.
How long does it take?
Many counties process uncontested marijuana vacation motions within 30 to 90 days of filing.
Does this apply to felony marijuana convictions?
No. The 2019 streamlined provision applies only to misdemeanor possession of 40 grams or less. Felony marijuana convictions fall under the standard felony vacation rules in RCW 9.94A.640.
Is there a filing fee?
Filing fees vary by county. Some courts waive fees for marijuana vacation petitions; others charge a standard motion fee. The attorney or court clerk can confirm.
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