Vacate Your Washington Conviction

 

The state of Washington allows the court to vacate certain non-violent convictions and to seal the record. Once vacated (expunged), the person’s criminal record will not include that case. Washington law gives you the right to state to anyone, that you were not convicted of the vacated offense.

 

 

For record sealing in Washington, we recommend the highest-rated expungement law firm, RecordGone.com They can help you seal or expunge your Washington criminal record or vacate a conviction. They specialize in criminal record expungement and offer a low-price and money-back guarantee. 877-573-7273 free eligibility test.

Eligibility to Vacate A Conviction In Washington

To be eligible you must complete your sentence, been discharged from probation and parole, not have any charges pending, and be conviction free for the waiting periods listed below. The waiting periods begin the day you complete your sentence, including probation/parole.

 

Class B Felony 10 Years (Felonies before 7/1/1984 are not eligible)
Class C Felony 5 Years (Felonies before 7/1/1984 are not eligible)
Domestic Violence 5 Years (Must be only conviction involving DV)
Misdemeanor 3 Years
Gross Misdemeanor 2 Years
Diversion/Deferred Judgment 2 Years

Sex offenses and dui offenses are not eligible

 

 

Proposed Changes to GR 15

(a) Purpose and Scope of the Rule. This rule sets forth a uniform procedure for the destruction, sealing, and redaction of court records. This rule applies to all court records, regardless of the physical form of the court record, the method of recording the court record, or the method of storage of the court record. 

(b) Definitions 

(1) “Court file” means the pleadings, orders, and other papers filed with the clerk of the court under a single or consolidated cause number(s).

(2) “Court record” is defined in GR 31(c)(4).

            (3) Destroy. To destroy means to obliterate a court record or file in such a way as to make it permanently irretrievable. A motion or order to expunge shall be treated as a motion or order to destroy. 

(4) Seal. To seal means to protect from examination by the public and unauthorized court personnel. A motion or order to delete, purge, remove, excise, erase, or redact shall be treated as a motion or order to seal.

(5) Redact. To redact means to protect from examination by the public and unauthorized court personnel a portion or portions or a specified court record.

(6) Restricted Personal Identifiers are defined in GR 22 (b)(6).

  (7) Strike. A motion or order to strike is not a motion or order to seal or destroy.

            (8) Vacate. To vacate means to nullify or cancel.

(c) Sealing or Redacting Court Records

(1)    In a civil case, the court or any party may request a hearing to seal or redact the court records. In a criminal case or juvenile proceeding, the court, any party, or any interested person may request a hearing to seal or redact the court records.  Reasonable notice of a hearing to seal must be given to all parties in the case.  In a criminal case, reasonable notice of a hearing to seal or redact must also be given to the victim, if ascertainable, and the person or agency having probationary, custodial, community placement, or community supervision over the affected adult or juvenile defendant.

(2)  After the hearing, the court may order the court files and records in the proceeding, or any part thereof, to be sealed or redacted if the court makes and enters written findings that the specific sealing or redaction is justified by privacy or safety concerns that outweigh the public interest in access to the court record.  Agreement of the parties alone does not constitute a sufficient basis for the sealing or redaction of court records.  Sufficient privacy or safety concerns that may be weighed against the public interest  include findings that:

(A)  The sealing or redaction is permitted by statute; or

(B)  The sealing or redaction furthers an order entered under CR 12(f) or a protective order entered under CR 26(c); or

(C)  A conviction has been vacated (underlining added for emphasis); or

(D)  The sealing or redaction furthers an order entered pursuant to RCW 4.24.611; or

(E)  The redaction includes only restricted personal identifiers contained in the court record; or

(F)  Another identified compelling circumstances exists that requires the sealing or redaction. 

 (3)  A court record shall not be sealed under this section when redaction will           adequately resolve the issues before the court pursuant to subsection (2) above.

 (4) Sealing of Entire Court File. When the clerk receives a court order to seal the entire court file, the clerk shall seal the court file and secure it from public access.  All court records filed thereafter shall also be sealed unless otherwise ordered.  The existence of a court file sealed in its entirety, unless protected by statute, is available for viewing by the public on court indices. The information on the court indices is limited to the case number, names of the parties, the notation "case sealed," the case type and cause of action in civil cases and the cause of action or charge in criminal cases, except where the conviction in a criminal case has been vacated, section (d) shall apply. The order to seal and written findings supporting the order to seal shall also remain accessible to the public, unless protected by statute. 

(5)  Sealing of Specified Court Records. When the clerk receives a court order to seal specified court records the clerk shall:

(A) On the docket, preserve the docket code, document title, document or subdocument number and date of the original court records;

(B) Remove the specified court records, seal them, and return them to the file under seal or store separately.  The clerk shall substitute a filler sheet for the removed sealed court record. In the event the If the court record ordered sealed exists in a microfilm, microfiche or other storage medium form other than paper, the clerk shall limit restrict access to the alternate storage medium so as to prevent unauthorized viewing of the sealed court record; and

(C) File the order to seal and the written findings supporting the order to seal.  Both shall be accessible to the public.

(D) Before a court file is made available for examination, the clerk shall prevent access to the sealed court records.

(6) Procedures for Redacted Court Records.  When a court record is redacted pursuant to a court order, the original court record shall be replaced in the public court file by the redacted copy.  The redacted copy shall be provided by the moving party. The original unredacted court record shall be sealed following the procedures set forth in (c)(5). 

(d) Procedures for Vacated Criminal Convictions.  In cases where a criminal conviction has been vacated and an order to seal entered, the information in the public court indices shall be limited to the case number, case type with the notation “DV” if the case involved domestic violence, the defendant’s name, and the notation “vacated.” 

(e)  Grounds and Procedure for Requesting the Unsealing of Sealed Records.

(1)  Sealed court records may be examined by the public only after the court records have been ordered unsealed pursuant to this section or after entry of a court order allowing access to a sealed court record.

(2)  Criminal Cases.  A sealed court records in a criminal case shall be ordered unsealed only upon proof of compelling circumstances, unless otherwise provided by statute, and only upon motion and written notice to the persons entitled to notice under subsection (c)(1) of this rule except:

(A) If a new criminal charge is filed and the existence of the conviction contained in a sealed record is an element of the new offense, or would constitute a statutory sentencing enhancement, or provide the basis for an exceptional sentence, upon application of the prosecuting attorney the court shall nullify the sealing order in the prior sealed case(s).

(B) If a petition is filed alleging that a person is a sexually violent predator, upon application of the prosecuting attorney the court shall nullify the sealing order as to all prior criminal records of that individual.

(3)  Civil Cases. A sealed court record in a civil case shall be ordered unsealed only upon stipulation of all parties or upon motion and written notice to all parties and proof of compelling circumstances, or pursuant to RCW 4.24 or CR 26(j). If the person seeking access cannot locate a party to provide the notice required by this rule, after making a good faith reasonable effort to provide such notice as required by the Superior Court Rules, an affidavit may be filed with the court setting forth the efforts to locate the party and requesting waiver of the notice provision of this rule.  The court may waive the notice requirement of this rule if the court finds that further good faith efforts to locate the party are not likely to be successful.

(4)  Juvenile Proceedings.  Inspection of a sealed juvenile court record is permitted only by order of the court upon motion made by the person who is the subject of the record, except as otherwise provided in RCW 13.50.010(8) and 13.50.050 (24). Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order, pursuant to RCW 13.50.050(15).