RCW 9.94A.640 Vacating Misdemeanors and Gross Misdemeanor Convictions:

(1)        Every defendant who has fulfilled the conditions of his or her probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, may at any time prior to the expiration of the maximum period of punishment for the offense for which he or she has been convicted be permitted in the discretion of the court to withdraw his or her plea of guilty and enter a plea of not guilty, or if he or she has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty; and in either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he or she has been convicted. The probationer shall be informed of this right in his or her probation papers: PROVIDED, That in any subsequent prosecution, for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted, or the information or indictment dismissed.

(2)        (a) After the period of probation has expired, the defendant may apply to the sentencing court for a vacation of the defendant's record of conviction under RCW 9.94A.640, The court may, in its discretion, clear the record of conviction if it finds the defendant has met the equivalent of the tests in RCW 9.94A.640 (2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.

            (b) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.

Additional Information of Interest

The Sentencing Court has the discretion to vacate a conviction, and seal the court file after the conviction has been vacated. State law gives you the right to state to anyone, including prospective employers, that you were NOT convicted of that offense, after a vacate motion has been granted. There are some limitations – evidence of the conviction can be raised during a later criminal prosecution or sexually violent predator commitment proceeding. Also, obtaining an order to vacate/seal does NOT by itself restore your right to own or possess firearms.1 Additionally, as of July 1, 2006, computerized court indexes such as SCOMIS may still show that the case exists, and the type of case if it was a domestic violence case, but the computerized index will show the notation "case vacated" rather than the charge or the conviction offense, after a court enters vacate and seal orders. It is not clear yet what FBI records or private background check service records will show after vacate and seal orders have been obtained. Employers, landlords and others performing background checks may check Washington State Patrol, SCOMIS and FBI records. They may also check court records, and even after vacate and seal orders have been entered, the sealing order and findings regarding sealing will remain available public records. It is unclear whether the docket will remain public or not. However, it is still worthwhile to obtain court orders vacating and sealing your record, since it does provide you some protection in background checks. The most important protections are that the conviction has been officially "nullified or cancelled" (GR 15(b)(8)) and your record will be sealed from public dissemination in most of the places that an employer will check.

Exclusions - A criminal conviction cannot be vacated if any of the following apply:

  • There are any criminal charges pending against you in this state, another state or in federal court.
  • The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense.
  • The offense was a violation of RCW 46.61.502, (driving under the influence of alcohol or drugs).
  • The offense was a violation of RCW 46.61.504, (actual physical control of a vehicle while under the influence of alcohol or drugs).
  • The offense was a violation of RCW 9.91.020, (operating a railroad while intoxicated).
  • The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW (obscenity and pornography).
  • The offense was a violation of chapter 9.68A RCW (sexual exploitation of children).
  • The offense was a violation of chapter 9A.4 RCW (sex offenses).
  • The offense was any misdemeanor or gross misdemeanor as defined in RCW 10.99.020 (domestic violence).
  • The court determines that the offense was committed by one family member against another, or the court, after considering the damage to person or property that resulted in the conviction as defined in RCW 10.99.020 (domestic violence).
  • Any prior convictions for crimes defined in RCW 10.99.020 (domestic violence) or comparable offenses in another state or in federal court.
  • Less than 5 years has passed since completion of the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing.
  • Another conviction for a new crime in this state, another state or in federal court.
  • Currently is or has been in the last 5 years restrained by a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order which restrains one party from contacting another.

The information provided herein was obtained directly from the Revised Code of Washington.