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Vacate, vacating a conviction, or blake vacatur in Washington

Can I clear my record in Washington?

Washington does not expunge adult convictions; instead, a court can 'vacate' an eligible conviction.

You have to apply

How did your case end?

Pick the one that matches. We'll show the routes Washington law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Misdemeanors and gross misdemeanors can be vacated 3 years after the later of sentencing or release from probation or confinement (5 for domestic violence) once the whole sentence, including fines, is complete, and Class B and C felonies after 10 and 5 years once you have a certificate of discharge. Class A felonies, most violent offenses, sex offenses and DUI cannot be vacated. Simple drug possession convictions voided by the 2021 State v. Blake decision can be vacated and the fines refunded. A vacated conviction stays in public court records, but the State Patrol stops releasing it to the public.1,2,3,4

Checked October 30, 2026 against 24 sources, starting with Washington law, then by a second reader.

What it's called
Vacate, vacating a conviction, or blake vacatur1,2,3
Automatic clearing
No, you have to apply1,7,9
DUI or DWI
Can't be cleared1,3,7
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Vacating a conviction

Vacating a misdemeanor or gross misdemeanor conviction

The court lets you withdraw a guilty plea and enter a not-guilty plea (or sets aside a guilty verdict), dismisses the charge and vacates the judgment (RCW 9.96.060(1)). You are released from the penalties and disabilities of the offense and, for most purposes including employment and housing applications, may state that you were never convicted of it. Firearm rights are still governed by RCW 9.41.041, and the conviction can still be used in a later prosecution; a conviction vacated on or after July 28, 2019 still counts as a prior for charging a later recidivist offense (RCW 9.96.060(8)). The clerk sends the order to the Washington State Patrol and local police, which update their records and send it to the FBI; the vacated conviction may be shared only with criminal justice agencies (RCW 9.96.060(9)). Court records and online court indexes stay public (WashingtonLawHelp).1,2,3

What it's for: Most misdemeanor and gross misdemeanor convictions from district and municipal courts, except DUI, violent, sex and some domestic violence offenses.

Who can use it

  • Anyone convicted of a misdemeanor or gross misdemeanor may apply to the sentencing court, which may vacate the conviction in its discretion if you qualify (RCW 9.96.060(2)).
  • You have completed all terms of the sentence, including financial obligations (RCW 9.96.060(2)(a)).
  • No criminal charges are pending in Washington, another state, or federal or tribal court (RCW 9.96.060(2)(b)).
  • No new conviction in the 3 years before you apply (RCW 9.96.060(2)(h)).
  • You are not currently restrained by a domestic violence protection order, no-contact order, antiharassment order or civil restraining order, and did not violate such an order in the 5 years before you apply (RCW 9.96.060(2)(i)).
  • Victims of sex trafficking, prostitution, commercial sexual abuse of a minor, sexual assault or domestic violence have a separate route under RCW 9.96.060(3) and RCW 9.96.080, and the prosecutor can also apply for them.
  • Misdemeanor cannabis convictions (RCW 69.50.4014 and earlier versions, and matching city ordinances) for people 21 or older at the time: the court 'shall vacate' on application (RCW 9.96.060(5)).
  • Certain drug possession convictions after you complete a substance use disorder program, or get a qualifying assessment and show six months of substantial compliance with treatment: the court must vacate on verification (RCW 9.96.060(6)).

What doesn't qualify

  • Violent offenses as defined in RCW 9.94A.030, and attempts (RCW 9.96.060(2)(c)).
  • DUI (RCW 46.61.502), actual physical control while under the influence (RCW 46.61.504) and operating a railroad while intoxicated (RCW 9.91.020), with no time limit (RCW 9.96.060(2)(d)).
  • Other offenses that count as a 'prior offense' under RCW 46.61.5055, such as reckless driving, first-degree negligent driving or reckless endangerment originally charged as DUI or physical control, until 10 years have passed since the arrest for that offense, or if you had another alcohol or drug violation within 10 years of that arrest (RCW 9.96.060(2)(d); RCW 46.61.5055(14)(a)).
  • Obscenity, sexual exploitation of children and sex offenses under chapters 9.68, 9.68A and 9A.44 RCW, except failure to register as a sex offender (RCW 9.96.060(2)(e)).
  • Domestic violence offenses if you did not give written notice to the prosecutor, have two or more domestic violence convictions from separate incidents, made a false sworn statement about prior domestic violence convictions, or less than 5 years have passed (RCW 9.96.060(2)(f)).

How long you have to wait

RecordWaiting period
Most misdemeanors and gross misdemeanors3 years from the latest of release from supervision or probation, release from confinement, or sentencingSince June 6, 2024 (SSB 5998, 2024 c 296) the 3-year clock no longer waits for financial obligations to be paid, but they must still be paid before the conviction can be vacated (RCW 9.96.060(2)(a), (g)).
Domestic violence misdemeanor or gross misdemeanor5 years after completing the sentence conditions, including any required treatmentFinancial obligations are not counted for this clock (RCW 9.96.060(2)(f)); they must still be paid under (2)(a).
Misdemeanor cannabis conviction (age 21 or older at the time)No waiting period statedRCW 9.96.060(5)

How to apply

  1. Get your criminal history and complete the Petition and Declaration for Order Vacating Conviction (CrRLJ 09.0100), a Notice of Hearing (CrRLJ 09.0150) and the proposed Order on Petition Re: Vacating Conviction (CrRLJ 09.0200), attaching your criminal history records (Washington Courts' CrRLJ 09.0300 instructions; WashingtonLawHelp).
  2. Contact the prosecutor's office first to see if it will agree to the order; if it does, you likely won't need a hearing (WashingtonLawHelp).
  3. File the originals with the clerk of the court that sentenced you; the clerk sets the hearing date (most counties require at least 14 days' notice to the prosecutor).
  4. The same day, give copies of the filed papers to the prosecutor who handled your case, using the Notice of Hearing (CrRLJ 09.0150 is the statewide pattern form, used unless the local court requires its own version) and Proof of Mailing or Hand Delivery. For a domestic violence conviction, written notice to the prosecutor is required (RCW 9.96.060(2)(f)).
  5. Attend the hearing with the proposed order. If the judge grants it, the clerk sends the order to the State Patrol and local police (RCW 9.96.060(9)).
Where to file
The court that sentenced you, usually a district or municipal court (RCW 9.96.060(2)).
Cost
RCW 9.96.060 does not set a filing fee, and we did not confirm whether district or municipal courts charge one. State Patrol (WATCH) criminal history reports and certified copies of the order cost money (WashingtonLawHelp).
Court hearing
Sometimes

Official forms

Vacating a conviction

Vacating a felony conviction

The conviction is generally left out of your criminal history for sentencing in later cases, and you are released from the penalties and disabilities of the offense. You may state, including on employment applications, that you were never convicted of that crime. The State Patrol and local police may not release the vacated conviction except to criminal justice agencies. It can still be used in a later prosecution, a vacation does not restore firearm rights (RCW 9.41.040 governs), and a conviction vacated on or after July 28, 2019 still counts as a prior for charging a later recidivist offense and for showing a pattern of abuse (RCW 9.94A.640(4)). Court records and online indexes stay public, and FBI and private background-check records may still show it (WashingtonLawHelp).7,8,9

What it's for: Class B and C felonies that are not violent offenses, crimes against persons (with some exceptions) or felony DUI.

Who can use it

  • You have been discharged under RCW 9.94A.637, usually shown by a certificate of discharge (RCW 9.94A.640(1); Form CR 08.0900). If you don't have one, you can ask the sentencing court for it (RCW 9.94A.637).
  • Class B felony: no new crime in the 10 years before you apply, and at least 10 years since the latest of release from community custody, release from confinement, or sentencing (RCW 9.94A.640(2)(c), (e)).
  • Class C felony: no new crime in the 5 years before you apply, and at least 5 years since the same dates (RCW 9.94A.640(2)(d), (f)).
  • Second-degree assault, third-degree assault (not against a law enforcement or peace officer) and second-degree robbery can be vacated if there was no firearm, deadly weapon or sexual motivation enhancement (RCW 9.94A.640(2)(b)).
  • Victims of sex trafficking, prostitution, commercial sexual abuse of a minor, sexual assault or domestic violence, or the prosecutor on their behalf, may apply under RCW 9.94A.648 (RCW 9.94A.640(3)).
  • A prison riot conviction under RCW 9.94.010 for someone held in a juvenile facility at the time: the court shall vacate it if the person qualifies (RCW 9.94A.640(5)).

What doesn't qualify

  • Class A felonies, and attempts or conspiracies to commit them (Form CR 08.0900; WashingtonLawHelp).
  • Violent offenses (RCW 9.94A.030) and crimes against persons (RCW 43.43.830), except the assault and robbery offenses listed above (RCW 9.94A.640(2)(b)).
  • Any felony DUI or felony physical control under RCW 46.61.502 or 46.61.504 (RCW 9.94A.640(2)(g)).
  • Anyone with a criminal charge pending in Washington, another state or federal court (RCW 9.94A.640(2)(a)).

How long you have to wait

RecordWaiting period
Class B felony10 years from the latest of release from community custody, release from confinement, or sentencingNo new crime in the previous 10 years (RCW 9.94A.640(2)(c), (e)).
Class C felony5 years from the latest of release from community custody, release from confinement, or sentencingNo new crime in the previous 5 years (RCW 9.94A.640(2)(d), (f)).
Getting the certificate of discharge you need firstIssued once every sentence requirement, including all legal financial obligations, is completeIf only legal financial obligations remain, the court discharges you once they are paid. If no certificate was issued, you can ask the court by motion; that certificate takes effect on the later of 5 years after community custody (or confinement) ended or the date the obligations were paid. Otherwise the certificate is effective on the date you completed all conditions of the sentence (RCW 9.94A.637; WashingtonLawHelp).

How to apply

  1. Get a WATCH criminal history report from the State Patrol to confirm there are no new arrests or charges (WashingtonLawHelp).
  2. Get copies of your Certificate and Order of Discharge and the Judgment and Sentence from the superior court clerk (WashingtonLawHelp).
  3. Ask the county prosecutor's office whether it will agree to an order; if it does, you may not need a hearing (WashingtonLawHelp).
  4. Fill out the Motion and Declaration for Order Vacating Record of Felony Conviction (CR 08.0900) and the Order (CR 08.0920), attaching the judgment and sentence, proof of discharge and your criminal history (Form CR 08.0900).
  5. File with the superior court clerk, schedule a hearing if needed, and serve the prosecutor in the county of conviction, generally at least 14 days before the hearing (WashingtonLawHelp).
  6. Get certified copies of the signed order, and check with the State Patrol about a month later that your record was updated (WashingtonLawHelp).
Where to file
The superior court in the county where you were sentenced (RCW 9.94A.640(1); Form CR 08.0900).
Cost
WashingtonLawHelp says the clerk should not charge a fee to file the vacate motion. WATCH criminal history reports have fees that vary by report type, some prosecutors or judges require a more expensive fingerprint-based check, and the clerk charges for copies and certified copies of the order.
Court hearing
Sometimes
How long it takes
WashingtonLawHelp says to expect several courthouse visits over several weeks, even without a hearing.

Official forms

Vacating a conviction

Vacating drug possession convictions under State v. Blake

A court order vacates, amends or dismisses the conviction. Once a conviction is vacated and the court decides refund eligibility, you can get back court-ordered fines and fees (legal financial obligations) through the Administrative Office of the Courts' Blake Refund Bureau, and community supervision fees from the Department of Corrections. There is no refund for time spent incarcerated (Office of Public Defense; Blake Refund Bureau).12,13,14

What it's for: Convictions for simple possession of a controlled substance under RCW 69.50.4013, which the Washington Supreme Court held void, and some related convictions.

Who can use it

  • On February 25, 2021, in State v. Blake, the Washington Supreme Court held that RCW 69.50.4013, the simple possession statute, violated due process and was void (Department of Corrections).
  • Convictions under that statute, and possibly other affected convictions, 'may be vacated, amended, dismissed, etc. by an order from the court' (Department of Corrections).

How long you have to wait

RecordWaiting period
Blake-affected possession convictionNo waiting period stated in our sources

How to apply

  1. If you don't know whether your conviction has been vacated, use the Office of Public Defense Blake intake form or call 800-414-6064. OPD can help find an attorney (Office of Public Defense).
  2. The district or superior court that convicted you vacates the conviction by court order (Department of Corrections).
  3. After the conviction is vacated and the court determines refund eligibility, find your case on the Blake Refund Bureau site and submit the online refund request with proof of ID; a check is mailed after approval (Blake Refund Bureau).
  4. Keep your address current with the Department of Corrections for cost-of-supervision refunds, which are paid per person (Office of Public Defense).
Where to file
The court that convicted you; refunds through the Administrative Office of the Courts' Blake Refund Bureau.
Cost
Our sources do not mention a fee to have a Blake conviction vacated.
How long it takes
OPD says court refund information can take 4 to 6 weeks to appear, refund checks may take months, and cost-of-supervision refunds were expected about 3 years after the first vacate order was received.
The law
State v. Blake (Washington Supreme Court, February 25, 2021), holding former RCW 69.50.4013 void

Official forms

Certificate of relief

Certificate of Restoration of Opportunity (CROP)

A CROP does not vacate or seal anything. State, county and city licensing decisions may not disqualify an otherwise qualified holder solely because of criminal history, except for criminal justice agencies, the Washington State Bar Association and a list of professions in the statute (such as accountants, nurses, physicians, teachers, notaries and real estate brokers). Employers and housing providers may decide whether to consider the certificate and are protected from lawsuits for that decision. The State Patrol includes the certificate in its criminal history reports. It does not restore firearm rights (RCW 9.97.020).15,16

What it's for: People with misdemeanor or Class B or C felony convictions who have stayed crime-free for a set time, including some whose convictions can't be vacated.

Who can use it

  • Misdemeanor or gross misdemeanor: 1 year from sentencing (non-custodial sentence) or 18 months from release (RCW 9.97.010).
  • Class B or C felony: 2 years from sentencing or release; a violent offense as defined in RCW 9.94A.030: 5 years (RCW 9.97.010).
  • Court-ordered legal financial obligations paid in full, or you are compliant with a payment plan, or you have shown the court good cause (RCW 9.97.010).
  • No arrest or conviction for a new crime, no pending charge, and no information that a charge is imminent (RCW 9.97.010).

What doesn't qualify

  • Anyone ever convicted of a Class A felony or an attempt, solicitation or conspiracy to commit one (RCW 9.97.010).
  • A sex offense or a crime with sexual motivation, or anyone required to register as a sex offender (RCW 9.97.010).
  • First-degree extortion, drive-by shooting, luring, or vehicular assault under RCW 46.61.522(1)(a) or (b) (RCW 9.97.010).

How long you have to wait

RecordWaiting period
Misdemeanor or gross misdemeanor1 year from sentencing, or 18 months from release from confinementRCW 9.97.010
Class B or C felony2 years from sentencing or releaseRCW 9.97.010
Violent offense5 years from sentencing or releaseRCW 9.97.010

How to apply

  1. File a civil action in a qualified court and notify the prosecutor in that county, plus prosecutors anywhere you were sentenced in the past 5 years (RCW 9.97.020).
  2. The court may decide on the papers or hold a hearing. A superior court in your county of residence may decline the application, but the court where you were convicted may not (RCW 9.97.020).
  3. If granted, the clerk sends the certificate to the State Patrol. The Administrative Office of the Courts publishes instructions and forms (RCW 9.97.020).
Where to file
A qualified court: the superior court in your county of residence or the court where you were convicted (RCW 9.97.020).
Cost
RCW 9.97.020 does not state a fee, and we did not confirm one.
Court hearing
Sometimes

Automatic clearing

We found no automatic vacating of adult convictions in Washington. Every route under RCW 9.96.060 and RCW 9.94A.640 starts with an application to the sentencing court, and Blake-affected convictions are vacated by court order. RCW 9.96.060 shows no amendment after 2024 c 296; RCW 9.94A.640 was last amended by 2025 c 169 (ESHB 1815, effective April 25, 2025), which added only a route for people convicted of a prison riot offense while held in a juvenile facility; the court 'shall vacate' those on application. A 2025 bill on treaty-rights convictions (HB 1982) would also require an application and was only introduced.1,7,9,17

DUI and DWI records in Washington

A DUI conviction cannot be vacated in Washington. Misdemeanor and gross misdemeanor DUI (RCW 46.61.502), actual physical control while under the influence (RCW 46.61.504) and operating a railroad while intoxicated are barred with no time limit (RCW 9.96.060(2)(d)). A conviction that counts as a 'prior offense' under RCW 46.61.5055, such as reckless driving, first-degree negligent driving or reckless endangerment when the charge was originally filed as DUI or physical control, can be vacated only once 10 years have passed since the arrest for it and you had no other alcohol or drug violation within those 10 years (RCW 9.96.060(2)(d); RCW 46.61.5055(14)(a)); the other misdemeanor rules also apply. Felony DUI and felony physical control cannot be vacated (RCW 9.94A.640(2)(g)), and WashingtonLawHelp lists vehicular assault while under the influence as excluded. A certificate of restoration of opportunity does not list DUI among its exclusions (it does exclude vehicular assault under RCW 46.61.522(1)(a) or (b)), but it does not clear the record (RCW 9.97.010, 9.97.020).1,3,6,7,16

Arrests and dismissed charges

Vacating applies to convictions. For arrests and charges that did not lead to a conviction ('nonconviction data'), you can ask the criminal justice agency holding the record to delete it two years after a disposition in your favor, or three years after the arrest, citation or warrant if there was no conviction. The agency may refuse if the case ended in a deferred prosecution or similar diversion, you have a prior felony or gross misdemeanor conviction, or you were arrested or charged with another crime in the meantime. A court can also order a record modified or deleted (RCW 10.97.060).18

Marijuana records

A person convicted of a misdemeanor cannabis offense (RCW 69.50.4014 or earlier versions, or a matching city ordinance) who was 21 or older at the time may apply to the sentencing court, and if the person qualifies the court 'shall vacate' the conviction (RCW 9.96.060(5)). Felony marijuana convictions follow the general felony rules in RCW 9.94A.640.1

What employers can see afterward

After a conviction is vacated you may state on employment and housing applications that you were never convicted of that crime, and the State Patrol may release the vacated conviction only to criminal justice agencies (RCW 9.96.060(8), (9); RCW 9.94A.640(4)). Court records stay public (WashingtonLawHelp). Washington's Fair Chance Act bars employers from asking about criminal records on an application or running a background check until after a conditional offer, from ads that exclude people with records, and from automatic exclusion policies; it limits adverse action based on convictions without a legitimate business reason and requires notice and a written decision. Exceptions include jobs with unsupervised access to children or vulnerable adults, law enforcement and criminal justice agencies, and employers required by law to consider records. The 2025 amendments (2025 c 71) apply to employers with 15 or more employees from July 1, 2026 and to smaller employers from January 1, 2027, according to the note on the statute (RCW 49.94.010).1,7,19

Free help in Washington

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.20,21,22
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.23,24

This page explains Washington's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Washington?" https://secondchanceindex.com/record-clearing/washington, checked October 30, 2026.

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Sources

Each source was opened and checked on October 30, 2026.

  1. RCW 9.96.060
  2. SSB 5998, Chapter 296, Laws of 2024Washington State Legislature
  3. RCW 46.61.5055 Alcohol and drug violators: penalty schedule ('prior offense' definition)Washington State Legislature
  4. Vacate a misdemeanor conviction (guide, reviewed April 14, 2025)WashingtonLawHelp.org (Northwest Justice Project)
  5. Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions (CrRLJ 09.0300, July 2022)Washington Courts
  6. Vacate a felony conviction (guide, reviewed April 11, 2025)WashingtonLawHelp.org (Northwest Justice Project)
  7. RCW 9.94A.640, 9.94A.637
  8. RCW 9.94A.637 Discharge upon completion of sentenceWashington State Legislature
  9. ESHB 1815, Chapter 169, Laws of 2025 (prison riot offenses, juveniles)Washington State Legislature
  10. CR 08.0900 Motion and Declaration for Order Vacating Record of Felony Conviction (07/2025, bilingual)Washington Courts
  11. Vacate a felony convictionWashingtonLawHelp.org (Northwest Justice Project)
  12. Blake FAQWashington State Department of Corrections
  13. How to Get a Refund of Costs You Paid on Your Vacated Drug Possession ConvictionWashington State Office of Public Defense
  14. Blake Refund BureauWashington State Administrative Office of the Courts
  15. RCW 9.97.010, 9.97.020
  16. RCW 9.97.010 Definitions (qualified applicant)Washington State Legislature
  17. HB 1982 (2025), as introducedWashington State Legislature
  18. RCW 10.97.060 Deletion of certain criminal history record informationWashington State Legislature
  19. RCW 49.94.010 Fair Chance Act: employer prohibitionsWashington State Legislature
  20. List of consumer reporting companiesConsumer Financial Protection Bureau
  21. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  22. Employer Background Checks and Your RightsFederal Trade Commission
  23. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  24. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)