Expunge vs. Seal Records in Washington State | A Guide

Is It Better to Expunge or Seal Your Record in Washington State?

Expungement is generally better than sealing because it results in the complete destruction of a criminal record, while sealing only hides it from the public. However, in Washington State, the primary legal process for clearing a conviction is known as "vacating and sealing," a powerful remedy that combines elements of both.

Understanding this distinction is the first step toward clearing your name and removing the barriers a past conviction can create. This guide clarifies the differences and explains how Washington residents can pursue a fresh start.

Vacate my record

Quick Guide: Expungement vs. Sealing vs. Vacating

The terms are often used interchangeably, but they have distinct legal meanings. Here is a simple breakdown of how they compare, with a focus on what’s available in Washington.

Feature	Expungement	Record Sealing	Vacating (Washington State)
What Happens?	The record is permanently destroyed as if it never existed.	The record is hidden from public view but still exists.	The conviction is formally withdrawn, and the record is then sealed from public access.
Who Can See It?	No one.	Courts and law enforcement agencies.	Very limited access for courts and law enforcement.
Is it Available in WA?	No, this specific term is not used for adult convictions.	Yes, but only as part of the vacating process.	Yes, this is the primary legal process in Washington.

The Washington Way: Understanding 'Vacating a Conviction'

In Washington, clearing a criminal record is a two-part process. First, a court must vacate the conviction. This means the judge signs an order that formally withdraws the original finding of guilt. After the conviction is vacated, the record is then sealed, effectively removing it from public view and state-managed background check databases.

For most practical purposes, a vacated conviction allows you to legally state that you were never convicted of that crime.

Key Benefits of Vacating Your Criminal Record

Clearing a conviction can have a profound impact on your life. Studies show that a criminal record can reduce the chances of a callback for a job by nearly 50%. Vacating your record removes this significant barrier and provides numerous other benefits:

• Better Employment Opportunities: Legally answer "no" on most job applications when asked about prior convictions.

• Improved Housing Access: Pass landlord background checks more easily.

• Restore Civil Rights: Regain your right to vote and, in many cases, your right to own a firearm.

• Professional Licensing: Improve your eligibility for professional licenses and certifications.

• Personal Peace of Mind: Move forward without the shadow of a past mistake.

Are You Eligible to Vacate Your Record in Washington?

Eligibility is determined by state law and depends on three main factors: the type of crime, the completion of your sentence, and a mandatory waiting period.

First, Meet the Waiting Periods

You must remain crime-free and wait a specific amount of time after completing all sentence requirements (including probation and payment of fines). As per RCW 9.96.060, the waiting periods are:

• 10 years for a Class B felony.

• 5 years for a Class C felony.

• 3 years for a misdemeanor or gross misdemeanor.

Second, Ensure Your Conviction Qualifies

Not all crimes are eligible to be vacated. Convictions that cannot be vacated in Washington include:

• Class A felonies (such as murder or assault in the first degree).

• Driving Under the Influence (DUI).

• Violent offenses or crimes against persons (with some exceptions).

• Most sex offenses.

Third, Complete All Sentencing Terms

Before you can file a motion, you must have successfully completed every part of your sentence. This includes finishing any probation, paying all fines and restitution in full, and completing any required treatment programs.

How to Vacate Your Record in 5 Steps

While navigating the legal system can be complex, the process generally follows these five steps:

1. Confirm Your Eligibility: The first step is to carefully review your criminal history and the state requirements to confirm that your conviction qualifies. An attorney can provide a definitive assessment.

2. Get Your Criminal History Report: Obtain your official criminal history record from the Washington State Patrol (WSP) through their WATCH (Washington Access to Criminal History) program.

3. File a Motion to Vacate: A formal legal request, known as a Motion to Vacate, must be drafted and filed with the same court that handled your original conviction.

4. Serve the Prosecutor and Court: You must legally notify the prosecuting attorney’s office and the court clerk of your motion, giving them an opportunity to object.

5. Attend the Court Hearing: The judge will review the motion and any objections at a scheduled hearing. If all legal requirements are met, the judge will sign the order to vacate and seal your record.

After Your Record is Vacated: What You Need to Know

Answering "Have You Ever Been Convicted?"

Once your conviction is vacated, Washington law allows you to state that you were never convicted of that crime on applications for employment, housing, loans, and educational programs.

Who Can Still See a Vacated Record?

It is important to be aware that a vacated record is not completely destroyed. The information remains available to law enforcement agencies, courts, and certain government agencies for specific purposes, such as background checks for sensitive employment positions or future criminal proceedings.

Frequently Asked Questions (FAQ)

How long does the vacating process take in Washington? 

Typically, the process takes between 90 and 120 days from the time the motion is filed, though this can vary depending on the court's schedule.

How much does it cost to hire an attorney? 

The cost varies based on the complexity of the case. However, investing in experienced legal counsel ensures the process is handled correctly and efficiently, avoiding costly mistakes or delays.

Can I vacate a federal conviction with this process?

 No. This process only applies to convictions from Washington State courts. Federal convictions are governed by federal law and require a presidential pardon for relief.

Do I absolutely need a lawyer to do this?

 While it is possible to file on your own, the legal requirements are precise. Any error in your paperwork or failure to follow court procedures can result in a denial. Working with an experienced attorney is the surest way to achieve a successful outcome.

Get a Clean Slate with a Trusted Washington Attorney

Navigating the Washington State legal system to vacate a criminal record is a detailed process, but the outcome is life-changing. Ensuring your motion is filed correctly is critical to reclaiming your future.

To discuss your specific case and see if you are eligible for a fresh start, contact the experienced legal team at Delete Record. 

Attorney Lyliane Couture and her team are dedicated to helping clients across Washington navigate this process with confidence. 

Call or text today for a free, confidential consultation to determine your eligibility.

509-765-6700 CALL  

509-765-5297 TEXT