How to Get a Felony Expunged in Washington

There are a number of different procedures available in Washington that result in making the criminal record of some criminal offenses unavailable to the public for viewing. One procedure is sealing. With sealing, the public cannot access the criminal record, but the record remains in existence. A court might access it at a future time under certain circumstances.

Another procedure is expungement. When a criminal record is expunged, it is destroyed permanently. No one can ever access the record again, not a court, not any government agency. It is important to note that in Washington, expungement is referred to as “vacating” a criminal record.

Technically, vacating a conviction is a legal process. A defendant or their attorney submits a motion to a court to remove the conviction and dismiss the case. Of course, certain conditions must be met, as explained below. If the court grants the motion, the defendant is legally allowed to say that they have never been convicted of the vacated crime.

The vacation of a criminal record means that the conviction is reversed and dismissed. This can be important if the defendant must submit to a criminal background check for a job application or a rental housing application.

This article deals with expunging a conviction in Washington. It also deals with expunging records of criminal offenses that have not ended in conviction, e.g., arrest records, and expungement of misdemeanor records also.

There are a number of complexities to expungement in Washington. A defendant would want to consult with an attorney if they are interested in felony expungement in that state.

An individual with a criminal record that they want to expunge must wait for a specified period of time before they can apply for expungement. The length of the waiting period depends on the nature of the crime contained in the record and the way in which the criminal case was resolved.

The expungement waiting period for both felonies and misdemeanors begins to run when the criminal case at issue is finally discharged or concluded. A criminal case has not ended until the defendant has served their entire sentence, e.g., completing the probation to which they were sentenced and/or paying any restitution or fine that they were ordered to pay.

The exact waiting period in any case also depends on the character of the offense, whether it is a felony or a misdemeanor, or a juvenile or adult conviction. Some waiting periods are as follows:

• Misdemeanors: 3 years or 5 years if the case involved domestic violence
• Felonies classified as Class C in Washington: 5 years
• Felonies classified as Class B in Washington: 10 years
• Felonies classified as Class A Felonies: cannot be expunged
• DUIs and some crimes that involve violence: Cannot be expunged.

Once a defendant has fully complied with all of the terms of their criminal sentence, the expungement waiting period begins to run. Many courts make note in the record of their proceedings the exact date on which a criminal sentence has been completed. This is when the expungement waiting period begins to run.

If an individual has had any additional criminal convictions after the date of the conviction they want to expunge, they must wait until the waiting period for the subsequent conviction has passed to seek to expunge the subsequent conviction.

What Factors Influence Felony Expungement?

One of the main factors that influences expungement is the nature of the conviction that is contained in the record. Some records of certain felony offenses cannot be expunged as follows:

• Felonies that are classified as Class A felonies in Washington state
• Criminal offenses that involve violence
• Most sexual offenses, such as rape or sexual battery
• Domestic violence offenses
• Violations of protective orders
• Certain traffic offenses, such as driving under the influence (DUI)
• Most offenses in which the victim was under 18 years old.

As noted above, another factor is whether the individual whose record it is has completed their sentence in full, if a sentence was imposed. The waiting period must have passed before an individual can get an expungement.

Which Felonies Can Be Expunged?

Felonies that may be expunged are those that are not Class A, not sex offenses, not violent offenses or crimes against people, e.g., assault or domestic violence offenses.

What Is the Process for Expunging a Felony?

For each offense, a defendant should complete an application in each court where there is a record of a case that is eligible for expungement. Forms to request that a felony conviction be vacated may be obtained from the courts, online at https://www.courts.wa.gov/forms/, or from the Administrative Office of the Courts at (360) 705-5328.

Basically, a defendant would file with the clerk of the court in which their conviction occurred a “Motion and Declaration for Order Vacating Record of Felony Conviction.” The form for the motion would direct the defendant regarding the steps of the process.

A clerk of the court in which a person acquired the criminal record of a conviction would be able to provide the defendant with the following information:

• The case number for the record they want to expunge
• The legal name and degree of the offenses on their record
• The date when the defendant was convicted, if they were, and
• The date on which the case was discharged.

A defendant might need this information in order to request expungement. They should obtain this information before they start the expungement process.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

A criminal record, including a felony record, that has been expunged is destroyed completely and cannot be accessed by anyone. Expungement is the end of a criminal record in Washington. When a court expunges a convict, the defendant can legally state that they have never been convicted of the crime, e.g., on rental application forms and in job interviews.

Which Felonies Are Not Eligible for Expungement?

As noted above, among the felonies that are not eligible for expungement are the following:

• Felonies that are classified as first or second-degree felonies cannot be expunged.
• Felony criminal offenses that involve violence may not be expunged.
• Most sexual offenses may not be expunge
• Criminal offenses that are based on violations of protective orders may not be expunged.
• Offenses that involved a victim who was under 18 years old may not be expunged.

Again, the issues can be complex, and a defendant may want to talk to a local Washington lawyer about what felonies can be expunged and when the waiting period ends.

Do I Need an Attorney for Help With Felony Expungement?

If you have a criminal record and would like to have it expunged so you can end the negative effects it may have on your life, you want to talk to a Washington expungement lawyer. There is a lot of complexity and complication to Washington law regarding expungement.

LegalMatch.com can connect you to a lawyer who can get your criminal record, review it, tell you if your felony records can be expunged, and guide you through the procedure to successful expungement.