How long you wait to clear a record in Washington
The Washington waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
In Washington you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Vacating a misdemeanor or gross misdemeanor conviction (RCW 9.96.060)
- Waiting periods
- Misdemeanor or gross misdemeanor (non-domestic violence): 3 years, counted from the later of release from supervision or probation, release from confinement, or the sentencing date
Domestic violence misdemeanor: 5 years, counted from 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, counted from any time
Your earliest date in Washington
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Source: Official text
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
In nearby states
- Oregon: Arrested or cited, no charges filed: You can file 60 days after the prosecutor decides not to file charges, counted from the date the prosecutor says the state will not prosecute
- Idaho: Arrest or summons, never charged: 1 year, counted from date of arrest or summons
- Montana: Misdemeanor conviction (presumed expungement): 5 years, counted from completing all sentence terms, including paying fines and finishing court-ordered treatment
Steps after the wait in Washington
Get your court papers
Use the dates on your court papers, not your memory.
Read the full rule
The wait is only one rule; the court looks at the whole record.
File when you are ready
After the wait, the next step is the petition. How to file.
Ask for free 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 waiting periods in Washington
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.
What is the waiting period in Washington?
Misdemeanor or gross misdemeanor (non-domestic violence): 3 years, counted from the later of release from supervision or probation, release from confinement, or the sentencing date; Domestic violence misdemeanor: 5 years, counted from 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, counted from any time; Class C felony: 5 years, counted from the later of release from community custody, release from confinement, or the sentencing date.
Is there free help to clear a record in Washington?
Northwest Justice Project - CLEAR legal aid hotline and WashingtonLawHelp.org (Northwest Justice Project).