Washington Misdemeanor Vacate Attorneys (RCW 9.96.060)

Who qualifies to vacate a misdemeanor in Washington?

General requirements: (1) At least 3 years have passed since the completion of all sentence terms including probation and any legal financial obligations (LFOs). (2) No criminal conviction in the 3 years before filing. (3) No pending criminal charges. (4) The conviction has not previously been vacated. (5) The person is not required to register as a sex offender.

Some offenses have extended waiting periods or are categorically excluded: reckless driving that was amended down from DUI requires a 10-year wait. Domestic violence offenses require a 5-year wait from final discharge and no prior DV convictions. DUI/Physical control offenses are NOT eligible for vacation under RCW 9.96.060 — they fall under a different (more restrictive) statute.

What does vacating a misdemeanor accomplish?

Once vacated, the court withdraws the judgment of guilt and enters a dismissal. Washington law then provides that the person "may truthfully state on any application that he or she has never been convicted" of the vacated offense. Employers conducting routine background checks typically will not see a conviction on a vacated record.

The underlying arrest record may still exist in some databases. Law enforcement, prosecutors, and courts retain access. Jobs requiring security clearances or positions working with children/vulnerable adults may require disclosure regardless.

Domestic violence misdemeanor vacate

Domestic violence misdemeanor convictions have additional requirements: 5-year wait from final discharge (not just probation end), no other domestic violence convictions at any time, and no violations of no-contact orders since the conviction. Both spouses/partners must have agreed to the conviction or the court must find that vacating is in the interests of justice.

How to vacate a misdemeanor conviction in Washington

1. Obtain your complete criminal history. Request a Washington State Patrol criminal history record to confirm the exact conviction date, sentencing details, and that no other disqualifying events occurred.
2. Verify the waiting period. Confirm 3 years have passed since final discharge from all sentence conditions (probation, LFOs, community service). Domestic violence convictions require a 5-year wait.
3. Check for disqualifying factors. Confirm no pending charges, no convictions in the 3-year window, and the offense is not DUI, physical control, or another excluded category.
4. File a motion to vacate in Superior Court. File in the Superior Court of the county of conviction. Include the case number, a copy of the judgment, and a declaration establishing eligibility.
5. Serve the prosecutor and victim (if any). The prosecuting attorney and any identified victim receive notice and can object or request a hearing.
6. Attend the hearing. Many uncontested misdemeanor vacations are granted on the papers. If a hearing is set, appear and be prepared to address any objections.
7. Confirm record is updated. After the order is entered, confirm the Washington State Patrol criminal history record has been updated to reflect the vacated status.

Statutes cited

• RCW 9.96.060 (Vacation of conviction records — misdemeanors) — RCW 9.96.060
• RCW 10.97.060 (Criminal history record information) — RCW 10.97.060

Frequently asked questions

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