Who Can Do This
A misdemeanor is generally an offense punishable by a fine of no more than $1000 and up to 90 days in jail. A gross misdemeanor is a crime punishable by no more than a $5000 fine and up to one year (365) days in jail.
You can file a motion to vacate your conviction if:
- at least three years have passed since you completed your sentence (including probation); and
- you have no pending criminal charges or new convictions; and
- you have satisfied all of the conditions of your sentence
Except, you cannot request that your conviction be vacated if:
- your offense or attempted offense was violent, as defined in RCW 9.94A.030 or
- your offense involved driving while intoxicated or a related offense or
- your offense was a sex offense or
- you had a different conviction vacated before this or
- you have been the subject of a protection, no contact, or restraining order within the past five years.
Check the state statute or local law you were convicted under carefully to see if your crime is included in the list above. There are additional requirements that must be met if your crime was defined as a domestic violence crime.
How To Do This
If you have a misdemeanor or gross misdemeanor conviction that is affecting you, you need to petition the court where the conviction was entered.
You need to use the forms provided by the court. You can get the state forms from the Administrative Office of the Courts (see Resource List). You need to contact the local court that handled your case to make sure you have the information necessary to fill out the forms, that the same forms provided by the state are the only documents they will require (some require a copy of your criminal record), the number of copies you will need, and the procedure they use for getting your request heard and decided.
You will need to provide notice to and a copy of the motion to the prosecutor's office that handled the matter. That notice includes a hearing time. You need to ask court staff how, when and where the hearing is held. Also ask them if the instructions you found are the only court procedures you need to be aware of.
This request can be made only once in a lifetime, so make sure you have requested all of the relief you are entitled to, for each crime you qualify for. Remember the court has the choice to grant or deny the motion.
What Will the Result Be?
If the court grants your motion and signs the order, you may say you have never been convicted of that crime. The information cannot be included in your criminal history, but can be used for some purposes in a later prosecution. The court is supposed to send notice of the order to the Washington State Patrol. You may want to send other copies of the order, certified by the clerk of the court after the judge signs it, to other law enforcement agencies that may have these records.
Sealing the record does not necessarily restore your right to own or possess firearms. There are strict additional limitations under different federal and state laws. You should consult a lawyer regarding if and how you can restore this right in compliance with both state and federal law because a firearms violation is a very serious crime.
Where to Find More Information
Read the statute, RCW 9.96.060. Refer to the forms and the "Guide on When and How to Seal, Vacate, or Expunge” available from the Administrative Office of the Courts. Instructions are included with the forms, but each court has their own rules and procedures that may require additional action, documents and copies, so you will also need to check with the specific court.