Expunging a Conviction in Washington
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
The state of Washington allows some records of criminal convictions to be expunged or deleted. Expungement is referred to as “vacating a judgment” in Washington state expungement statutes. These statutes allow certain felonies to be expunged if they occurred after July 1, 1984. If a record has been expunged, it is as if the person never committed the crime. Expungement eligibility is based on requirements, including:
- The defendant has completed their sentence
- The conviction was for a non-violent offense
- The offense was not classified as a “crime against a person”
- The person has no pending criminal charges in Washington or any other state
- The person was arrested but not convicted
- The record was for a juvenile conviction and the person is now at least 18 years old
- The defendant has spent a certain amount of time after the conviction without any further criminal convictions
Regarding the last requirement, Washington makes several distinctions depending on the type of conviction. For example, expungement is allowed for the following types of crimes:
- Class B felonies: After 10 years
- Class C felonies: After 5 years, though for some types it may be 10 years
- Misdemeanors: After 2 years and the defendant is currently 18 years of age
- Gross Misdemeanors: After 3 years and the defendant is currently 18 years of age
In order to have a conviction expunged, the defendant must file a motion with the court indicating their desire to have the conviction vacated. Only upon approval by the court will the record be expunged.
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Last Modified: 06-18-2010 03:51 PM PDT
