Vacating a Misdemeanor, Felony, or Criminal Record Conviction in Washington State: What It Really Means
If you're ready to leave your past behind and move forward with your life, vacating your criminal conviction could be the answer. At Findley & Rogers, we help people across Washington State clear their records and reclaim their rights. But many people still don’t understand the difference between expungement and vacating a conviction, especially since Washington does things differently than other states like Oregon and Idaho. Here’s what you need to know to get started.
Expungement vs. Vacating a Record: What's the Difference?
In most states, "expungement" means your conviction is completely erased from public records, as if it never happened. But in Washington, adult convictions cannot be truly expunged. Instead, the state offers a legal process called vacation of a conviction. When a conviction is vacated:
It no longer shows up on most background checks.
You can legally say you were not convicted of the offense.
Washington State Patrol removes it from your public criminal history.
However, court records still exist and may be accessible. That’s why many clients also choose to seal their records for added privacy. Sealing prevents the general public from viewing the court file, adding a layer of protection for job seekers, renters, or anyone applying for a loan or professional license.
Washington also allows expungement (deletion) of non-conviction data, such as dismissed charges or not guilty verdicts, but that expungement is restricted to the police records; the court file generally cannot be erased. Actual convictions must go through the vacation process.
How Washington Compares to Oregon and Idaho
Washington, Oregon, and Idaho all offer pathways for clearing a record, but the processes and outcomes are quite different.
Oregon uses a process called "setting aside" a conviction. Once granted, the record is sealed and the person is treated as though the conviction never occurred. Oregon also recently passed a Clean Slate law to automate certain expungements.
Idaho allows certain records to be sealed under the Clean Slate Act. This includes some misdemeanor and felony convictions. Once sealed, the records are not accessible to the public.
Washington does not offer full expungement for convictions. Instead, it provides for vacating the conviction, which removes it from your criminal history for most practical purposes, but does not destroy the court file.
If your conviction happened in another state, expungement must be handled through that state. You cannot expunge a conviction in Washington if it occurred elsewhere, even if you currently live here.
Why Vacating Your Record in Washington Is Worth It
Vacating a conviction can:
Open doors to better employment and housing
Improve your chances with loan or credit applications
Restore your ability to participate in your community
Help you regain your sense of dignity and peace
Let you say “no” to conviction questions on most applications
You’ve already paid your debt to society. You shouldn’t have to keep paying forever. Vacating your record is a way to finally leave that chapter behind and start fresh.
What Makes Washington Both Challenging and Powerful
Challenges:
No true expungement for convictions
Strict eligibility rules
Waiting periods from 3 to 10 years
Requires full compliance with court orders (fines, classes, probation)
Opportunities:
The waiting period starts at the time of release (not when fines are paid)
You may be able to vacate multiple misdemeanors
New updates allow courts to waive certain documentation requirements if you show good cause
You can seal juvenile records or petition to restore gun rights as part of a broader legal plan
What Types of Convictions Can Be Vacated?
You may be eligible to vacate:
Most misdemeanor convictions
Some domestic violence (DV) misdemeanors (after a longer waiting period)
Class B and C felonies (after 5-10 years)
Certain formerly ineligible felonies, like Second-Degree Assault or Robbery (if they didn’t involve a deadly weapon or sexual motivation)
Convictions that usually cannot be vacated:
Class A felonies (e.g., murder, rape)
DUIs
Most Sex offenses
Certain crimes against persons such as unlawful imprisonment or assault of a child.
County-Level Differences: What to Expect
While state law is consistent, how it's applied can differ from county to county. Each county has varying court timelines, documentation preferences, and likelihood of requiring a hearing.
King County (Seattle): Can be more formal; judges usually only require hearings if the prosecuting attorney objects, the prosecutor usually views vacate motions favorably, but may object to cases involving violence, especially domestic violence. Expect high scrutiny.
Pierce County (Tacoma): Often efficient with high success rates. Friendly to well-prepared petitions.
Snohomish County (Everett): Pays close attention to detail; clean paperwork is a must. May request additional documentation.
Spokane County: Often quicker with pro-second-chance court attitudes, though timing can depend on the prosecutor. Hearings usually aren’t necessary with the prosecutor’s agreement.
Thurston: The court has historically been favorable to vacate petitions, but has recently increased scrutiny and tends to look for strong evidence of rehabilitation.
Clark, Kitsap, Yakima, Whatcom, Benton, Skagit: All process vacation cases regularly, but timelines and requirements may vary. Local court culture matters.
Findley & Rogers helps clients in every county across Washington, and you don't need to go back to the county where you were convicted. We can file in the county where you now live.
Can I Be Discriminated Against for a Vacated Conviction?
No. Once a conviction is vacated, Washington law says it cannot be treated as a conviction. Though, unfortunately, even non-conviction criminal records can be used against you in some situations.
That means:
You can legally say you were not convicted of that offense.
Landlords and employers may not treat your record as a conviction.
If they do, you may have grounds for a discrimination claim or legal action.
However, landlords and employers may be able to deny housing or employment based on non-conviction records in some situations.
If someone pulls your court file and questions you about the vacated conviction, you have the right to present the vacation order. That order is proof that the offense no longer legally counts as a conviction. Certain forms of discrimination regarding criminal history are legal. Depending on the professional field you work in, there are exemptions that allow employers to consider criminal history, even if a conviction has been vacated, and it can be extremely difficult to prove that you were denied employment based on criminal history.
Advocating for Your Rights: What to Do If You're Treated Unfairly
Unfortunately, not everyone respects vacated convictions. If you’re being judged based on an old record that was legally cleared:
Show your vacation order.
Ask for a written reason for denial (if housing or employment is involved).
File a complaint with the Washington Human Rights Commission or the local housing authority if discrimination persists.
Contact Findley & Rogers to help assert your rights or guide you toward sealing your record if necessary.
Your Rights. Your Record. Your Second Chance.
Clearing your record can change your life. It removes barriers, restores your rights, and empowers you to fully participate in society again. Whether it’s one misdemeanor or a felony, your path forward starts here. Let Findley & Rogers help you navigate the paperwork, advocate in court, and clear your record for good.
Call us at 206-331-7377 or contact us to book your free consultation.
