Expungement / Record Sealing Petition and Eligibility Memo — Washington

Expungement / Record Sealing Petition and Eligibility Memo (WASHINGTON)

Quick-Reference Summary

Part A — Eligibility Memo

MEMORANDUM

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Eligibility to Vacate Washington Criminal Conviction(s) — [CLIENT NAME]

I. Question Presented

Whether [CLIENT] is eligible to vacate the following Washington criminal conviction(s) under RCW 9.94A.640 (felony) and/or RCW 9.96.060 (misdemeanor / gross misdemeanor): [SUMMARIZE EACH CONVICTION].

II. Short Answer

[☐ Eligible to vacate misdemeanor(s) under RCW 9.96.060]
[☐ Eligible to vacate felony / felonies under RCW 9.94A.640 (Certificate of Discharge already issued / will need to be obtained)]
[☐ Eligible to seek deletion of nonconviction data under RCW 10.97.060]
[☐ INELIGIBLE — [reason]]

III. Statutory Framework

A. Felony Vacation — RCW 9.94A.640.

After a Certificate of Discharge (RCW 9.94A.637), a court may vacate a Class B or C felony if:

1. The conviction is not a violent offense, a sex offense, or other categorically excluded offense;
2. The applicant has no criminal charges pending;
3. The applicable post-supervision waiting period has elapsed (5 years for Class C; 10 years for Class B);
4. The applicant has no new criminal convictions during the waiting period; and
5. All LFOs are satisfied.

Court discretion remains; the statute is permissive ("may vacate").

B. Misdemeanor / Gross Misdemeanor Vacation — RCW 9.96.060.

The court may vacate the record of a misdemeanor or gross misdemeanor if the applicant meets the requirements. Disqualifiers include:

• All sentence terms not yet completed (LFOs remain a prerequisite to vacation but, per 2024 amendment, do not toll the 3-year wait);
• Pending criminal charges in any jurisdiction;
• Violent offense or attempted violent offense (RCW 9.94A.030);
• DUI / physical control / railroad intoxication / "prior offense" under 46.61.5055 with subsequent violation within 10 years (or less than 10 years elapsed);
• Sex offenses (chapter 9.68, 9.68A, 9A.44 RCW) — except failure-to-register under 9A.44.132;
• Certain domestic-violence misdemeanors unless specific conditions met (5-year wait, written notice to prosecutor, no second DV conviction, etc.); and
• Less than 3 years elapsed since the later of release from supervision/probation or release from confinement.

C. Nonconviction Data — RCW 10.97.060. Records that did not result in a conviction may be deleted from WSP files if statutory criteria are met (and 2 years have elapsed without further charges, or charges were resolved favorably).

D. Effect of Vacation. Withdraws guilty plea or sets aside guilty verdict; dismisses information; releases applicant from "all penalties and disabilities resulting from the conviction" (RCW 9.94A.640(3); 9.96.060(8)). WSP removes from public criminal history. Applicant may state on housing and employment applications that they were never convicted. RCW 9.96.045 (restoration of opportunity for employment). However, JIS, SCOMIS, and courts.wa.gov indexes will continue to show the case, marked as "vacated."

IV. Application

A. Inventory.

B. Disqualifier Screen (per matter).
☐ Class A felony — INELIGIBLE
☐ Violent offense (RCW 9.94A.030) — INELIGIBLE
☐ Sex offense (other than failure-to-register) — INELIGIBLE
☐ DUI / physical control / 46.61.5055 prior offense with subsequent violation — INELIGIBLE
☐ DV misdemeanor without satisfying 5-year wait and additional conditions — INELIGIBLE
☐ Pending charges in any jurisdiction — INELIGIBLE while pending

C. Waiting Period Calculation.

• Latest supervision/confinement completion: [__/__/____]
• Statutory wait: [3 / 5 / 10] years
• Today: [__/__/____]
• Conclusion: [☐ Wait satisfied] [☐ Earliest filing date: [__/__/____]]

D. LFOs.

• Total LFOs owed at conviction: $[_____]
• Current balance: $[_____]
• Plan to satisfy before hearing: [DESCRIBE — payment plan / hardship motion under RCW 10.01.160(4) or 10.82.090]

E. Certificate of Discharge (felonies).

• Issued: [☐ Yes — date [__/__/____]] [☐ No — must petition sentencing court under RCW 9.94A.637 before vacate motion]

V. Recommendation

[☐ File misdemeanor Motion to Vacate under RCW 9.96.060]
[☐ Obtain Certificate of Discharge, then file felony Motion to Vacate under RCW 9.94A.640]
[☐ Petition WSP for nonconviction data deletion under RCW 10.97.060]
[☐ Defer until [__/__/____] when wait expires / LFOs paid]
[☐ Client ineligible; counsel on collateral relief alternatives (pardon, sealing of court records under GR 15, etc.)]

Part B — Petition / Motion Template

MOTION AND DECLARATION TO VACATE CONVICTION

TO: Clerk of the Court; the Honorable [JUDGE NAME]; the [COUNTY] Prosecuting Attorney.

[DEFENDANT FULL LEGAL NAME] respectfully moves this Court to vacate the conviction in the above-captioned matter pursuant to [☐ RCW 9.94A.640] [☐ RCW 9.96.060].

1. Defendant

1.1 Full legal name: [DEFENDANT FULL LEGAL NAME].
1.2 Date of birth: [__/__/____].
1.3 Current residence: [ADDRESS].
1.4 Other names used: [______________].

2. Conviction Information

2.1 Court: [____].
2.2 Cause number: [____].
2.3 Charge / RCW: [____].
2.4 Class: [☐ Class B felony] [☐ Class C felony] [☐ Gross misdemeanor] [☐ Misdemeanor].
2.5 Date of conviction: [__/__/____].
2.6 Date of sentencing: [__/__/____].
2.7 Sentence imposed: [____].
2.8 Date community custody / supervision / probation completed: [__/__/____].
2.9 Date of release from confinement (if any): [__/__/____].
2.10 LFOs satisfied: [☐ Yes — date [__/__/____]] [☐ No — current balance $[____]].
2.11 Certificate of Discharge (felony only): [☐ Issued [__/__/____]] [☐ N/A] [☐ Pending].

3. Statutory Eligibility

Defendant meets each requirement of [RCW 9.94A.640 / RCW 9.96.060]:

3.1 The offense is NOT a violent offense, sex offense, or other categorically excluded offense.
3.2 Defendant has no criminal charges pending in any court of this state, another state, federal court, or tribal court as of the date of this motion.
3.3 The applicable waiting period of [3 / 5 / 10] years from [supervision completion / release / confinement] has elapsed.
3.4 Defendant has no new criminal convictions during the waiting period.
3.5 All LFOs imposed in this matter have been satisfied. [☐ Or: Defendant has obtained relief from LFO collection pursuant to RCW 10.01.160(4) / 10.82.090 — see attached Order.]
3.6 [Felony only:] A Certificate of Discharge under RCW 9.94A.637 has been issued. [Attach copy as Exhibit A.]
3.7 [DV misdemeanor:] Defendant has provided written notification of this motion to the prosecuting attorney's office; has not been convicted of a second DV offense; and at least 5 years have elapsed since completion of sentence conditions excluding LFOs.

4. Equitable and Discretionary Factors

The Court has discretion to grant vacation. The following factors weigh in favor of relief: [NARRATIVE — time since conviction, lack of subsequent criminal activity, employment record, education, treatment completion, family responsibilities, community involvement, specific need for relief (employment, housing, professional licensure, immigration consequences)].

5. Relief Requested

Defendant requests that this Court enter the proposed Order Vacating Conviction:

(a) Permitting Defendant to withdraw the plea of guilty (or setting aside the verdict of guilty);
(b) Dismissing the information / complaint / citation with prejudice;
(c) Vacating the judgment and sentence;
(d) Directing the Washington State Patrol to remove the conviction from the public criminal history report under RCW 9.94A.640(3) / 9.96.060(8);
(e) Recognizing Defendant's right under RCW 9.96.045 to state on housing and employment applications that Defendant was not convicted of the vacated offense; and
(f) Granting such further relief as the Court deems just.

6. Declaration

I, [DEFENDANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Signed at [CITY], Washington, on [__/__/____].

______________________________
[DEFENDANT SIGNATURE]

Submitted by:

______________________________
[ATTORNEY NAME], WSBA No. [_______]
[FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Defendant

Part C — Filing Checklist

Pre-Filing

☐ Obtain WSP criminal history (request through WATCH at https://watch.wsp.wa.gov/)
☐ Obtain FBI Identity History Summary if any out-of-state matters
☐ Pull case docket and judgment/sentence from sentencing court
☐ Confirm offense classification (Class A/B/C felony, gross misdemeanor, misdemeanor)
☐ Confirm offense is not a violent offense, sex offense, or DUI/46.61.5055-related
☐ Calculate waiting period from supervision completion / release date
☐ Verify no pending charges in any jurisdiction
☐ Verify no new convictions during waiting period
☐ Confirm LFO balance; obtain Certificate of Satisfaction or arrange payment / hardship relief
☐ For felonies: confirm or obtain Certificate of Discharge under RCW 9.94A.637
☐ For DV misdemeanors: prepare 5-year showing, written notice to prosecutor, and DV-specific factors

Filing

☐ Complete pattern form (WPF CR series, where applicable) and/or attorney-drafted Motion (Part B)
☐ Prepare proposed Order Vacating Conviction (matching pattern WPF CR 09.0220 / 09.0225 style)
☐ File in the sentencing court under the original cause number
☐ Pay filing fee, if any (most counties charge a motion fee; verify locally)
☐ Serve the Prosecuting Attorney
☐ For DV: file declaration of prior written notice to prosecutor (RCW 9.96.060(2)(f)(i))
☐ Note hearing on local civil/criminal motion calendar (or stipulate if prosecutor agrees)

Post-Filing / Hearing

☐ Prepare client for hearing (often non-evidentiary; some judges may ask questions)
☐ If unopposed, request entry without oral argument under local rule
☐ Upon entry, obtain certified copies of the Order Vacating Conviction
☐ Transmit certified copy to:
• Washington State Patrol Identification and Background Section
• Sentencing court clerk for JIS update
• Department of Licensing (if applicable)
• Department of Health / professional licensing board (if applicable)
• Private background-check vendors with cover letter and order
☐ Verify WSP criminal history update via follow-up WATCH request (typically 4–8 weeks)
☐ Counsel client:
• On RCW 9.96.045 rights — "not convicted" on housing/employment apps
• That court records and JIS/SCOMIS indexes will still show case as "vacated"
• That prosecutors may still use the vacated conviction in any future criminal prosecution or SVP proceeding
• On collateral effects (firearms restoration is a SEPARATE process under RCW 9.41.040(4); vacation does not automatically restore firearm rights)

Sources and References

• RCW 9.94A.640 — Vacation of offender's record of conviction (felonies): https://app.leg.wa.gov/rcw/default.aspx?cite=9.94A.640
• RCW 9.96.060 — Vacating records of conviction for misdemeanor and gross misdemeanor offenses: https://app.leg.wa.gov/rcw/default.aspx?cite=9.96.060
• RCW 9.94A.637 — Certificate of discharge: https://app.leg.wa.gov/rcw/default.aspx?cite=9.94A.637
• RCW 10.97.060 — Deletion of nonconviction data: https://app.leg.wa.gov/rcw/default.aspx?cite=10.97.060
• RCW 9.96.045 — Restoration of opportunity for employment: https://app.leg.wa.gov/rcw/default.aspx?cite=9.96.045
• New Hope Act, Laws of 2019, ch. 331 (SHB 1041): https://app.leg.wa.gov/billsummary?BillNumber=1041&Year=2019
• 2024 LFO amendment, Laws of 2024, ch. 296 (SSB 5998): https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/Senate/5998-S.SL.pdf
• Washington Courts — Vacating/Sealing Records Forms: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38
• Washington Courts publication — Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records: https://www.courts.wa.gov/content/publicUpload/Publications/SealingandDestroyingCourtRecords.pdf
• Washington Law Help — Vacate a misdemeanor conviction: https://www.washingtonlawhelp.org/en/vacate-misdemeanor-conviction
• WSP WATCH (criminal history requests): https://watch.wsp.wa.gov/
• GR 15 — Destruction, Sealing, and Redaction of Court Records: https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=gr&ruleid=gagr15