What "vacating" a conviction actually does.
When a Washington court vacates a conviction, the legal effect is remarkable: the conviction is set aside, the charge is dismissed, and — for most purposes — you may lawfully state that you were never convicted of that offense. The employment application that asks "have you ever been convicted?" gets a different answer. So does the rental application, the licensing board, the loan officer.
It isn't a magic eraser: court records still exist, and certain government agencies can see history for specific purposes. But for the background checks that shape ordinary life — jobs, housing, most licensing — a vacated conviction changes the answer. I've watched it change what people can apply for, and how they carry themselves.
Who qualifies — the honest version.
Eligibility turns on three things: what the conviction was, how long it's been, and what you've done since. Felony vacates run under RCW 9.94A.640; misdemeanor and gross-misdemeanor vacates under RCW 9.96.060. The rules are detailed, and the legislature has loosened them more than once in recent years — which is exactly why a current eligibility analysis beats anything you read online in 2019.
The broad strokes
- Many misdemeanors and many Class B and C felonies can be vacated after a waiting period following completion of the sentence — including probation and legal financial obligations.
- Hard exclusions exist: DUI and related offenses generally cannot be vacated; Class A felonies cannot; most sex offenses cannot. Some categories — domestic-violence misdemeanors, for instance — carry their own stricter requirements.
- A clean record since is generally required: no new convictions, no pending charges, and the sentence fully completed — including the money, which quietly holds more records hostage than anything else.
If you were told "no" years ago, ask again. The law has changed; a "no" from 2018 is often a "yes" today.
How the process works.
Compared to the case that created the conviction, this is a gentle process. I pull your complete criminal history — which often turns up forgotten matters or errors worth fixing while we're at it — and confirm eligibility against the current statutes. Then I file a motion in the court that convicted you. Sometimes it resolves on the paperwork; sometimes there's a short hearing. In my experience judges generally want to grant these when the law allows — you're showing them the system's success story.
Two things worth knowing: first, a vacate can also be a step toward restoring firearm rights lost to a conviction (RCW 9.41.041) — a separate process, but they often travel together and should be analyzed at once. Second, every crime-free year works in your favor — eligibility only ripens. The check costs you a phone call.
Questions I hear about clearing records.
Is this the same as expungement?
Washington's process for convictions is called vacating, and it's what most people mean by "expungement." True expungement — deletion of non-conviction records — is a separate, narrower process handled through the Washington State Patrol for arrests that never led to conviction.
Can my DUI be vacated?
Generally no — DUI and related offenses are specifically excluded from vacate eligibility under current law. That exclusion is one of the reasons fighting a DUI charge properly at the outset matters so much.
How long do I have to wait?
It depends on the offense class and category, measured from completion of the sentence including financial obligations. Periods run from a few years for many misdemeanors to longer for felonies — and because the legislature has adjusted them, your specific waiting period is something we confirm against current statute, not a chart.
Will a vacated conviction show up on a background check?
For most private employment and housing checks, the conviction is reported as vacated/dismissed or not at all, and you may lawfully answer "no" to conviction questions for most purposes. Certain government, law-enforcement, and licensing contexts can still see the underlying record — the consultation covers what applies to your situation.
Statutory references current as of August 2026. Eligibility rules are detailed and have changed recently — whether your conviction qualifies requires a look at your actual record. General information, not legal advice.