In this video series, one of our staff attorneys is going to walk you through the process of vacating a misdemeanor convictions. The series will cover:
- An overview of vacates
- How to determining your eligibility to vacate
- How to find the paperwork
- How to complete the paperwork
- How to file the paperwork
Overview Of Vacating Your Conviction
In this video, we discuss the effects of having your conviction vacated.
Remember: vacating a conviction is NOT the same as expunging, sealing, or otherwise making the conviction private. Under current law, there is no way to delete or destroy an adult conviction in Washington.
Step One: Determine Your Eligibility
This video will help you determine whether you can vacate your misdemeanor conviction. To be eligible, you must:
- Complete all conditions of your sentence
- Ensure your offense is not excluded [full list of excluded offenses]
- Meet all eligibility requirements under the law (i.e. satisfy the waiting period, no pending cases, no active restraining orders, etc.)
- See if special rules apply to your offense (DV cases and cases where you were originally charged with a DUI)
Step Two: Getting the Paperwork
For every case you want to vacate, you’re going to need:
☑ The judgment and sentence for the case you are seeking to vacate
If you don’t have a copy of your Judgment and Sentence, you can request a copy of these documents from the court where your case was handled. Check the court’s website or contact the clerk’s office. They’ll provide instructions on how to get a copy.
You can also search for your case in the Washington State Archives and purchase a copy of your Judgment and Sentence directly from that website.
☑ Case Financial Summary
You won’t include this information in your vacate request, but you do want to verify you’ve satisfied your LFOs. The fastest way to get this information is by calling the clerk of the court your conviction is out of.
☑ If applicable, any records to show you have completed the requirements of your sentence
You won’t include this information in your vacate request, but you do want to verify you’ve completed all of your ordered conditions. This may look like a certificate of completion of any programs required or some proof you completed community service hours.
☑ A Petition and Declaration for Order Vacating Conviction
☑ A Proposed Order Vacating Conviction
Step Three: Completing The Paperwork
You must fill out a separate copy of the motion and order for each case you have. While these documents have a lot of legal language, filling it out is simply a matter of checking the right boxes. In this video, we will go over each box and let you know which ones you should check.
Step Four: Filing The Paperwork
This information is adapted from Washington Law Help.
☑ Before filing your papers or scheduling a court hearing, you should contact the prosecutor’s office involved in your case to see if they might agree. This may take some time. When you call, you can say:
“I’m filing a petition to vacate my misdemeanor conviction from (year). Which prosecutor in your office handles this issue? What’s the best way for me to send paperwork to you?”
Write down the prosecutor’s name, then send that person a copy of your Petition (with any attachments) and a proposed Order. Wait a few days, then call that prosecutor to ask if they’ll agree to sign an order vacating your conviction.
The prosecutor’s office may sign off on an Agreed Order if you provide enough proof that you have met the requirements. If they do that, you probably won’t have to have a court hearing.
If the prosecutor doesn’t respond or agree, you can schedule a hearing and ask the judge to decide. You must follow court rules and properly notify the prosecutor of the hearing. Every court has different rules, so contact the court clerk to figure out which apply to you.
☑ Make 3 copies of your completed forms (except for the Proof of Service).
☑ Call or visit the Court Clerk’s Office.
Tell the clerk you will be filing a petition to vacate a misdemeanor. Tell the clerk you want to schedule a hearing on your motion 3 or 4 weeks from now. Ask the clerk:
- What day and time can I schedule a hearing on my request to vacate?
- Which docket or calendar will the hearing be on?
- What courtroom will the hearing be in? (This may be assigned on the day of the hearing.)
- Is there an option to appear remotely? (Phone or video.)
- Do you have a local form I have to use to schedule a hearing?
If the clerk says you must use their local form, ask them where you can get that form. Otherwise, you can use this Notice of Hearing form. Write in the hearing details you got from the clerk.
NOTE: In some counties the judge may decide these motions without a hearing. If the clerk says you don’t need a hearing date, ask when you can expect to get a decision. You still need to follow all the steps below (except preparing for and going to the hearing).
☑ Deliver or mail a copy to the prosecutor’s office right away. Most counties require service at least 14 days before a hearing. Ask the clerk if your county’s deadline is different.
☑ File your documents with the Court Clerk.
Every court accepts filings differently. Some accept in person or mail, and others by fax or email. Contact the court clerk to find out. Be sure to ask them if and how you need to deliver “working copies” of your documents (these are additional copies that some jurisdictions require).
I Filed My Paperwork. What Now?
After you have submitted your documents to both the court and the prosecutor, we recommend following up with the court clerk within a few weeks to confirm that your filings have been received and accepted.
If the clerk’s office rejects your documents, you can schedule an Attorney Office Hours session with our team. During this appointment, an attorney can review what went wrong and help determine your next steps.
To prepare for your hearing, go to Washington Law Help.