Vacating a Misdemeanor Record

• Vacating a Record
• Exclusions
• Application Instructions

What does 'vacating a record' mean?
Vacating a conviction for a misdemeanor crime means the Court determines you meet certain conditions and orders the conviction removed from your criminal history record. If you plead guilty to a crime, your plea will be changed to not guilty and the charges dismissed. If you were found guilty, the court may set aside the conviction, dismiss the case and vacate the judgment and sentence.

The court can only vacate a conviction. If you were charged with a crime and the charges were later dismissed, you do not qualify for a vacating action. If you were arrested and fingerprinted that record may still be maintained by the arresting agency, the Washington State Patrol and the Federal Bureau of Investigation. Questions regarding arrest records should be forwarded to the arresting agency or the Washington State Patrol.

You are allowed to have only one conviction vacated in Washington.

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Exclusions - What would prevent the removal of my conviction from my record?
A criminal conviction cannot be vacated if any of the following apply:
(Search Revised Code of Washington (RCW) )

• 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.

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Where do I go to apply for vacating my conviction?
You must apply at the court where you were convicted. To apply at the Municipal Court of Seattle please review these Application Instructions.

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