Legal Question in Criminal Law in Washington

Re: Clearing a felony record

The applicable statute is RCW 9.94A.640. If you want a summary of the eligibility requirements, you can visit my website (washrecord.com - or follow link in my LawGuru attorney profile).

At a minimum, you must have no new criminal convictions for ANY offense (e.g. DUI, recreational fishing violation, etc.) since being dishcarged from DOC supervision at least 5 years ago fr a class C felony or 10 years ago for a class B felony. If your offense was a class A felony, sex offense or "crime against persons", you can not have the conviction vacated.

Note that vacating a conviction does permit you to state for all purposes that you have not been convicted of the offense and it will not be reported in a background check by a non law enforcement agency; however, the record is maintained by the WSP and can be used in a subsequent prosecution. For example, if you have the conviction vacated and are subsequently found to be in possession of a firearm, you could be prosecuted as a felon in possession. (Restoring the right to possess firearms is a separate remedy.)

Some county clerk's offices provide forms for vacating a conviction. If you are uncertain how to proceed, consult a competent attorney.