Last Updated: July 22, 2024. Report error / Make suggestion
Washington law allows for certain felony convictions to be vacated if specific criteria are met. This means that the conviction will be treated as if it never occurred.
If you are seeking to vacate a drug-related conviction, you should first determine whether you can vacate your conviction under State v. Blake. If you are eligible under Blake, you should use that process. If you aren’t eligible, you should use the process on this page.
If you are not eligible to vacate your conviction based on the criteria below AND you have a case where you were convicted as a result of being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence, please contact us. You still may be eligible to vacate your conviction.
Step-by-Step Instructions
For the following steps, you will need to go through your record case by case. Once you have gone through all the steps for one case, you can move on to the next.
If you do not remember the details of your conviction(s), or need help obtaining a free copy of your criminal history, please fill out this request form and we will send you a copy of your criminal history report.
Step 1Look for Pending Criminal Charges
Do you have any pending criminal charges in this state, or any state, federal, or tribal court? An infraction (e.g. a ticket) is not considered a criminal charge.
If yes: You are not eligible to vacate any felony convictions
If no: Move on to Step 2
Step 2Look for Excluded Offenses
If there are any Class A felonies you are not eligible to vacate that count only.
For Class B and Class C felonies: Continue analysis…
Review the List of Excluded Offenses.
If any of the above charges are listed, you are not eligible to vacate that specific conviction only. If the case included convictions for multiple charges, you may still be eligible to vacate one or all of the other charges so long as they are not also excluded offenses.
With remaining felony offenses: Move on to Step 3
Step 3No Recent Criminal History
A committed infraction is not considered a conviction.
If you have a copy of your criminal history, you can tell if a case is an infraction by looking at the Judgment Column (Jg). An infraction will appear as a “C” for committed as opposed to a “G” for guilty. (See Sample Screen Below).
For Class B Felonies…
Do you have any convictions in the past 10 years (any jurisdiction)?
If yes: you are not currently eligible to vacate this count.
If no: Move on to Step 4
For Class C Felonies…
Do you have any convictions in the past 5 years (any jurisdiction)?
If yes: you are not currently eligible to vacate this count.
If no: Move on to Step 4
Step 4Completion of Sentence
You may not remember the answers to the following questions, and they may not be clear from your criminal history report. However, you should be able to get the information from the court docket for the individual case.
For Class B Felonies…
Has it been 10 years since the later of the following:
- Release from full or partial confinement
- Release from community custody
- Date of sentencing (ON THIS COUNT ONLY)
If no: you are not currently eligible to vacate this count.
If yes: Move on to Step 4
For Class C Felonies…
Has it been 5 years since the later of the following:
- Release from full or partial confinement
- Release from community custody
- Date of sentencing (ON THIS COUNT ONLY)
If no: you are not currently eligible to vacate this count.
If yes: Move on to Step 4
Step 5Legal Financial Obligations
Have all LFOs been paid off?
To see if your LFOs have been paid off, you will need a copy of the Case Financial History (CFH) for the specific case you are looking at.(You can get a CFH from the relevant Court’s clerk’s office.)
If yes: This count is eligible to vacate! Move on to Step 6
If no: You may be eligible to reduce or eliminate your LFOs, and then pay off any remaining balance to be eligible to vacate this count.
Step 6Order of Discharge
Has an Order of Discharge been filed?
Check the case docket for each case to find this information.
If yes: You are ready to file your motion. Continue on to “What to do now”.
If no: You will need to request a Certificate of Order of Discharge. You can do this at same time as filing your motion to vacate. Continue on to “What to do now”.
What to do now
Now that you have reviewed your eligibility to vacate your felony conviction(s), sign up for a free consultation with a Civil Survival Attorney at our Attorney Office Hours!
You can also visit WA Law Help for more information on how to get documents and how to file a motion to vacate your conviction(s).
The information on this website is not legal advice. You should not and are not authorized to rely on this website as a source of legal advice. While Civil Survival goes to great lengths to make sure the information on the website is accurate, we cannot guarantee the accuracy of this information and are not responsible for any consequences that may result from the use of this website. We recommend that you consult with an attorney for assurance that the information on the website and your interpretation of it are appropriate for your situation.
La información de este sitio web no constituye asesoramiento legal. No debe ni está autorizado a utilizar este sitio web como fuente de asesoramiento legal. Si bien Civil Survival se esfuerza al máximo para garantizar la precisión de la información del sitio web, no podemos garantizar su exactitud y no nos responsabilizamos de las consecuencias que puedan derivarse del uso de este sitio web. Le recomendamos consultar con un abogado para asegurarse de que la información del sitio web y su interpretación de la misma sean adecuadas para su situación.
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