Vacating a misdemeanor or gross misdemeanor conviction (RCW 9.96.060) in Washington: which records can be cleared
Which records Washington lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
In Washington it is called vacate or deletion of non-conviction data: when a court vacates your conviction, it withdraws the guilty plea or verdict and dismisses the case. Some misdemeanor and felony convictions may be cleared.
- Main remedy
- Vacating a misdemeanor or gross misdemeanor conviction (RCW 9.96.060)
- What it covers
- Misdemeanor and gross misdemeanor convictions.
- Ways to clear a record
- 4
Ways to clear a record in Washington
Vacate (vacation of a conviction); deletion of non-conviction data — When a court vacates your conviction, it withdraws the guilty plea or verdict and dismisses the case, and the State Patrol stops releasing it to the public. The court file itself stays public, and police and prosecutors can still see it; Washington has no law that destroys adult conviction records.
Washington has 4 ways to clear a record. Each covers different records and has its own waiting period.
Vacating a misdemeanor or gross misdemeanor conviction (RCW 9.96.060)
Misdemeanor and gross misdemeanor convictions
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor or gross misdemeanor (non-domestic violence) | 3 years Wait 3 years after your sentencing or release from jail, probation or supervision, whichever is later, with no new conviction in the 3 years before you apply. | The later of release from supervision or probation, release from confinement, or the sentencing date |
Domestic violence misdemeanor | 5 years Wait 5 years after completing the sentence conditions and treatment; you must notify the prosecutor and have no more than one domestic violence conviction. | Completing the original conditions of the sentence, including any ordered treatment (not counting payment of fines) |
Misdemeanor cannabis possession, age 21 or older at the time | No waiting period No waiting period; the court must vacate it. | Any time |
- Not eligible
- Violent offenses (and attempts); DUI and physical control and offenses that count as a 'prior offense' for DUI unless 10 years have passed since the arrest with no later alcohol or drug violation; obscenity, sexual exploitation of children and sex offenses (except failure to register). You must have finished all terms of the sentence, including fines and other legal financial obligations, and have no pending charges. Not available if you are currently under a protection, no-contact or anti-harassment order, or violated one in the last 5 years.
Law: RCW 9.96.060; RCW 46.61.502, 46.61.504
Source: Official text
Vacating a felony conviction (RCW 9.94A.640)
Class B and Class C felony convictions, after you receive a Certificate of Discharge
| Kind of case | Waiting period | Counted from |
|---|---|---|
Class C felony | 5 years Wait 5 years after sentencing or release, whichever is later, with no new conviction in the 5 years before you apply. | The later of release from community custody, release from confinement, or the sentencing date |
Class B felony | 10 years Wait 10 years after sentencing or release, whichever is later, with no new conviction in the 10 years before you apply. | The later of release from community custody, release from confinement, or the sentencing date |
- Not eligible
- Class A felonies (the law sets waiting periods only for Class B and C); violent offenses and crimes against persons, except second degree assault, third degree assault (not against an officer) and second degree robbery when there was no firearm, deadly weapon or sexual motivation enhancement; felony DUI or physical control. Not available while any criminal charge is pending, or if you had a new conviction during the waiting period (10 years for Class B, 5 years for Class C) before you apply.
Law: RCW 9.94A.640
Source: Official text
Vacating drug possession convictions after treatment (RCW 9.96.060(6))
Convictions for drug possession and related offenses under RCW 69.50.4011(1)(b)-(c), 69.50.4013, 69.50.4014 and 69.41.030(2)(b)-(c)
| Kind of case | Waiting period | Counted from |
|---|---|---|
Drug possession after treatment or recovery services | See the rule After you complete a substance use disorder program, or get an assessment and show six months of substantial compliance with recommended treatment or services, the court must vacate the conviction. | Start of treatment or services |
Law: RCW 9.96.060(6)
Source: Official text
Deletion of non-conviction data (RCW 10.97.060)
State Patrol records of arrests or charges that did not lead to a conviction
| Kind of case | Waiting period | Counted from |
|---|---|---|
Favorable outcome (dismissal, acquittal) | 2 years You can ask WSP to delete it 2 years after the case ended in your favor. | The favorable disposition |
No conviction and no active case | 3 years Or 3 years after the arrest or citation if no conviction was obtained and the case is not active. | Arrest or citation |
- Not eligible
- WSP may refuse if the case ended in a deferred prosecution or diversion, you have a prior felony or gross misdemeanor conviction, or you were arrested or charged again in the meantime. WSP's checklist says dismissals after a diversion or deferral, vacated or pardoned convictions, bail forfeitures and not guilty by reason of insanity do not qualify.
Law: RCW 10.97.060
Source: Official text
After your record is cleared
After a vacation, you may state that you have never been convicted of that crime, including on job and housing applications, and you are released from penalties and disabilities from the offense. The State Patrol and local police may share it only with other criminal justice agencies. Exceptions: it can still be used in a later prosecution and counts as a prior conviction for recidivist charges for vacations on or after July 28, 2019; it does not restore firearm rights; and the court file remains public.
Law: RCW 9.96.060(8), 9.94A.640(4)
Juvenile records
For most juvenile cases, the juvenile court schedules an administrative sealing hearing after your 18th birthday or the end of probation or confinement, whichever is later, and seals the record if you are off supervision and have paid restitution owed to the victim. Most serious offenses, sex offenses and drug offenses are not sealed automatically but may be sealed on motion.
Law: RCW 13.50.260
Marijuana relief in Washington
If you were 21 or older at the time, the sentencing court must vacate a misdemeanor cannabis possession conviction on request, with no waiting period. The Governor's Marijuana Justice Initiative also offers an expedited pardon for people whose only conviction is a single adult misdemeanor marijuana possession from January 1, 1998 to December 5, 2012.
Law: RCW 9.96.060(5)
Pardons in Washington
- Who decides
- Governor of Washington, on the recommendation of the Clemency and Pardons Board
- How
- Complete the Petition for Commutation or Pardon and send it by email to CPBoard@atg.wa.gov or by mail to the Clemency and Pardons Board, Office of the Attorney General, P.O. Box 40116, Olympia, WA 98504-0116. The Board's policy is to wait at least 10 years after conviction, absent unique or emergency circumstances. A committee decides whether to set a hearing.
Law: RCW 9.94A.885
In nearby states
Your next steps in Washington
Get your own record
Get a copy of your record so you know each case and how it ended. WashingtonLawHelp: Vacate criminal records - the basics and WashingtonLawHelp: Vacate a felony conviction.
See if enough time has passed
Each kind of case has its own waiting period. Waiting periods.
Ask the court
The court decides each request. How to file.
Get help
Ask for free help: Northwest Justice Project - CLEAR legal aid hotline and WashingtonLawHelp.org (Northwest Justice Project).
Where to get free help in Washington
Questions about clearing a record in Washington
What is clearing a record called in Washington?
Vacate (vacation of a conviction); deletion of non-conviction data. When a court vacates your conviction, it withdraws the guilty plea or verdict and dismisses the case, and the State Patrol stops releasing it to the public. The court file itself stays public, and police and prosecutors can still see it; Washington has no law that destroys adult conviction records.
Which records can be cleared in Washington?
Vacating a misdemeanor or gross misdemeanor conviction: Misdemeanor and gross misdemeanor convictions. Vacating a felony conviction: Class B and Class C felony convictions, after you receive a Certificate of Discharge. Vacating drug possession convictions after treatment: Convictions for drug possession and related offenses under RCW 69.50.4011(1)(b)-(c), 69.50.4013, 69.50.4014 and 69.41.030(2)(b)-(c). Deletion of non-conviction data: State Patrol records of arrests or charges that did not lead to a conviction.
Does Washington clear cannabis records?
If you were 21 or older at the time, the sentencing court must vacate a misdemeanor cannabis possession conviction on request, with no waiting period. The Governor's Marijuana Justice Initiative also offers an expedited pardon for people whose only conviction is a single adult misdemeanor marijuana possession from January 1, 1998 to December 5, 2012.
Are juvenile records sealed in Washington?
For most juvenile cases, the juvenile court schedules an administrative sealing hearing after your 18th birthday or the end of probation or confinement, whichever is later, and seals the record if you are off supervision and have paid restitution owed to the victim. Most serious offenses, sex offenses and drug offenses are not sealed automatically but may be sealed on motion.
What can I say after my record is cleared in Washington?
After a vacation, you may state that you have never been convicted of that crime, including on job and housing applications, and you are released from penalties and disabilities from the offense. The State Patrol and local police may share it only with other criminal justice agencies. Exceptions: it can still be used in a later prosecution and counts as a prior conviction for recidivist charges for vacations on or after July 28, 2019; it does not restore firearm rights; and the court file remains public.