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How Can I Get My Record Expunged in Washington State?



If you’ve ever wondered, “How can I get my record expunged?” you’re not alone. A criminal record can feel like a lifelong burden, affecting your ability to find a job, secure housing, or even move forward with your life. 


Fortunately, in Washington State, you may be able to clear your record through expungement or vacating a conviction. This guide will walk you through everything you need to know about the process, eligibility, and how to get started.




What is Expungement?

Expungement is the legal process of removing non-conviction data from your criminal record. This includes arrests, charges that were dropped, dismissed cases, or acquittals. 


However, it’s important to note that expungement does not apply to convictions. If you were convicted of a crime, you may need to explore vacating the conviction instead.


Key Point: Expungement allows you to legally state that the arrest or charge never happened, which can be a game-changer for job applications and other background checks.

Can a Felony Be Expunged?

Many people ask, “Can a felony be expunged?” The short answer is no. In Washington State, felony convictions cannot be expunged. However, you may be able to vacate a felony conviction under certain conditions. 


Vacating a conviction means the court withdraws your guilty plea or verdict and dismisses the charge, allowing you to legally state that you were never convicted.


How to Expunge Your Record

If you’re eligible for expungement, here’s how to get started:


Step 1: Obtain Your Criminal Record

Before you can expunge your record, you need to know what’s on it. Request a copy of your Washington State Patrol (WSP) criminal history. This will help you determine which charges or arrests are eligible for expungement.


Step 2: Determine Eligibility

Not all records can be expunged. You may qualify if:


  • Your case was dropped, dismissed, or resulted in no charges.

  • You were acquitted or found not guilty.

  • You completed a diversion program.


Note: If you have prior felony or gross misdemeanor convictions, or if you’ve been arrested during the waiting period, you may not be eligible.


Step 3: Complete the Expungement Request Form

Download and fill out the WSP Request for Expungement/Deletion of Non-Conviction Records form. This form is free to submit and is the first step in clearing your record.


Step 4: Submit the Form

Mail the completed form to:

Washington State Patrol, Criminal History Records Section, P.O. Box 42633, Olympia, WA 98504-02633.


Step 5: Wait for WSP’s Decision

After reviewing your request, the WSP will notify you of their decision by mail. If approved, your non-conviction data will be removed from their records.



Expunging Records from Both WSP and JIS

To ensure your record is fully cleared, you must expunge it from both the Washington State Patrol (WSP) and the Judicial Information System (JIS). While the WSP handles state-level records, the JIS contains court records that may still appear on background checks if not expunged.


Expunging JIS records can be more complex and may require hiring lawyers to expunge records. Each court in Washington has its own rules and procedures, so it’s important to contact the court where your case was handled.


How to Get a Felony Expunged (Vacating a Conviction)

If you’re wondering, “How can you get a felony expunged?” the answer lies in vacating the conviction. Here’s what you need to know:


Eligibility for Vacating a Felony

Class C Felonies: At least 5 years must have passed since completing your sentence.


Class B Felonies: At least 10 years must have passed since completing your sentence.


Restrictions: Violent offenses, crimes against persons, and felony DUIs cannot be vacated.


The Vacating Process

  1. File a motion to vacate in the court where you were convicted.

  2. Attend a court hearing, where a judge will review your case.

  3. If approved, the court will dismiss the charge, and you can legally state you were never convicted.


Vacating a conviction does not automatically restore firearm rights, which requires a separate process.


When to Hire an Expungement Attorney

While some expungement cases are straightforward, others may require legal expertise. Here’s when you should consider hiring an expungement attorney:


  • Your case involves multiple charges or convictions.

  • You need to expunge records from the Judicial Information System (JIS).

  • You’re seeking to vacate a felony conviction.


Expungement lawyers can handle court appearances, ensure all records are cleared, and improve your chances of success.


Conclusion

Clearing your criminal record can open doors to new opportunities and give you a fresh start. Whether you’re seeking expungement for non-conviction data or looking to vacate a felony conviction, understanding the process is the first step. 


If you’re still wondering, “How can I get my record expunged?” don’t hesitate to take action today. Your future self will thank you.






FAQs About Expungement and Vacating Convictions


Can I expunge a DUI conviction?

No, DUI convictions cannot be expunged or vacated in Washington State.


How long does the expungement process take?

The timeline varies, but it typically takes several weeks to a few months for the WSP to process your request.


Will expunged records show up on FBI background checks?

Yes, expunged records may still appear on FBI background checks, but they won’t show up on standard background checks if properly expunged from both WSP and JIS.


What happens if my expungement request is denied?

If your request is denied, you may need to address the reason for denial (e.g., incomplete forms, ineligibility) or consult a lawyer for further assistance.



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