Washington
Vacate Non-Violent Class B or Class C Felony ConvictionsExpungement Checklist
HOW DO I DETERMINE IF I AM ELIGIBLE FOR RELIEF UNDER WASHINGTON LAW?
A simple way to determine if you qualify to have your conviction set aside is to review the requirement checklist of Washington Revised Code 9.94A.640.*
- Did the offense for which you were convicted occur on or after July 1, 1984?
- Are there any criminal charges currently pending against you in any court?
- Have you been convicted of a new crime in this state, or any other state since the date you were sentenced on the offense you wish to have vacated?
- Have you satisfied all the requirements of your sentence and obtained a Certificate of Discharge?
- Was your offense a Class B felony and at least 10 years have passed since the date your sentence was discharged?
- Was your offense a Class C felony and at least 5 years have passed since the date your sentence was discharged?
- Is the conviction you are seeking to have vacated one of the following crimes:
Any felony defined under any law as a class A felony or an attempt to commit a class A felony; Criminal Solicitation or Conspiracy to Commit a Class A Felony; Extortion in the first or second degree
• Any felony defined under any law as a class A felony or an attempt to commit a
class A felony
• Criminal solicitation of or criminal conspiracy to commit a class A felony
• Extortion in the first or second degree
• Drive-by shooting
• Vehicular homicide
• Aggravated, first or second degree murder
• First or second degree kidnapping
• Vehicular assault, when caused by the operation or driving of a vehicle by a
person while under the influence of intoxicating liquor or any drug, or by
operation of any vehicle in a reckless manner
• First, second, or third degree assault (for misdemeanor/fourth degree assault,
check the statute on vacating and sealing misdemeanors)
• First, second, or third degree assault of a child
• First, second, or third degree rape
• First, second, or third degree rape of a child
• First or second degree robbery
• First or second degree arson
• First degree burglary
• First or second degree manslaughter
• Indecent liberties
• Incest
• First degree promoting prostitution
• Communication with a minor
• Unlawful imprisonment
• Sexual exploitation of minors
• First or second degree criminal mistreatment
• Endangerment with a controlled substance
• Child abuse or neglect as defined in RCW 26.44.020
• First or second degree custodial interference
• First or second degree custodial sexual misconduct
• Malicious harassment
• First, second, or third degree child molestation
• First or second degree sexual misconduct with a minor
• Patronizing a juvenile prostitute
• Child abandonment
• Promoting pornography
• Selling or distributing erotic material to a minor
• Custodial assault
• Violation of child abuse restraining order
• Child buying or selling
• Prostitution
• Felony indecent exposure
• Criminal abandonment
• Possibly any of the above crimes as they may be renamed in the future
• Possibly any conviction for a felony offense in effect at any time prior to July 1,
1976, that is comparable to one of the above felonies
• Possibly any federal or out-of-state conviction for an offense that under the laws
of this state would be classified as one of the above felonies.
If you answered NO to all of these questions, you are eligible to seek relief under Washington law.
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