SUPERIOR COURT OF WASHINGTON FOR [COUNTY] COUNTY

State of Washington, No. ___
Plaintiff,
PETITION TO VACATE
v. CONVICTION AND
SEAL/EXPUNGE CRIMINAL
[PETITIONER FULL LEGAL NAME], RECORDS
Defendant/Petitioner.
Hearing Date: __
Judge: _______

[// GUIDANCE: Insert the original criminal cause number in the caption, not the
new civil-style number that may be assigned to this petition. Many clerks will
not calendar a hearing unless the criminal cause number appears.]

TABLE OF CONTENTS

1. Document Header (Caption, Title, Recitals)
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (N/A)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Recitals

A. Petitioner, [PETITIONER FULL LEGAL NAME] (“Petitioner”), was convicted on
[DATE OF SENTENCE] in this Court under Cause No. [CAUSE NO.] for the
offense of [OFFENSE TITLE] (the “Conviction”).
B. Petitioner has fully complied with the judgment and sentence, including all
financial obligations, and seeks relief pursuant to Chapter 9.94A RCW,
Chapter 9.95 RCW, and/or Chapter 9.96 RCW, as applicable (collectively, the
“Washington Expungement Laws”).
C. This Court has continuing jurisdiction to vacate the Conviction and order
associated records sealed or otherwise made inaccessible to the public.

2. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings below:
2.1 “Conviction” – the judgment and sentence entered on [DATE] under Cause
No. [CAUSE NO.].
2.2 “Disqualifying Criminal History” – any pending charge or conviction that
renders a person ineligible for relief under Washington Expungement Laws.
2.3 “Record‐Sealing Order” – the final order of this Court granting the relief
requested herein.
2.4 “Washington Expungement Laws” – RCW 9.94A.640 (felony vacation), RCW
9.96.060 (misdemeanor vacation), RCW 9.95.240 (felony dismissal following
deferred sentence), and related provisions.

[// GUIDANCE: Delete definitions that are irrelevant to the specific relief
sought and add any defined term you use more than once.]

3. OPERATIVE PROVISIONS

3.1 Request for Relief. Petitioner respectfully requests that the Court:
a. Vacate the Conviction pursuant to the Washington Expungement Laws;
b. Seal or otherwise restrict public access to all court, law-enforcement,
and agency records relating to the Conviction, including but not
limited to Washington State Patrol and Administrative Office of the
Courts systems; and
c. Direct all agencies in possession of such records to comply with the
Record-Sealing Order within thirty (30) days of service.

3.2 Waiting Period Compliance. More than the statutory waiting period of:
• Three (3) years for non-DV gross misdemeanor or misdemeanor convictions;
• Five (5) years for domestic-violence labeled misdemeanor convictions;
• Five (5) years for Class C felony convictions; or
• Ten (10) years for Class B felony convictions
has elapsed since completion of all conditions of sentence, including
payment of legal financial obligations.

3.3 Non-Conviction Alternatives. If Petitioner seeks deletion of
non-conviction data under RCW 10.97.060, Petitioner requests an order requiring
the Washington State Patrol to remove those records.

4. REPRESENTATIONS & WARRANTIES

Petitioner, under penalty of perjury under the laws of the State of Washington,
represents and warrants that:
4.1 No Disqualifying Criminal History exists as of the date of filing.
4.2 All sentence conditions, including financial obligations, have been
satisfied in full.
4.3 Petitioner is not currently restrained by a no-contact, harassment, or
protective order involving the victim of the Conviction.
4.4 The relief sought is not barred by RCW 9.96.060(2) (certain offenses
involving DUI, sexual motivation, or mandatory firearm forfeiture).
4.5 Petitioner has not previously vacated another conviction for the same
offense type within the past seven (7) years (if applicable).

[// GUIDANCE: Tailor representations to specific offense class and statutory
criteria. Include additional warranties for firearm restoration if relevant.]

5. COVENANTS & RESTRICTIONS

5.1 Continuing Duty of Accuracy. Petitioner covenants to immediately notify
the Court and opposing counsel if any representation herein becomes inaccurate
before entry of the Record-Sealing Order.
5.2 Compliance with Post-Order Duties. Upon entry of the Record-Sealing Order,
Petitioner shall promptly serve certified copies on all agencies identified in
the Order and shall file proofs of service within fourteen (14) days.

6. DEFAULT & REMEDIES

6.1 Revocation for Misrepresentation. If the Court learns that Petitioner
materially misrepresented eligibility, the Court may, after notice and hearing,
vacate the Record-Sealing Order.
6.2 Attorney Fees. Should any party successfully move to revoke the
Record-Sealing Order due to Petitioner’s willful misrepresentation, Petitioner
shall be liable for reasonable attorney fees and costs incurred.

7. RISK ALLOCATION

Indemnification, liability caps, and insurance requirements are not applicable
to this Petition and are therefore intentionally omitted.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Petition is governed exclusively by Washington law,
including the Washington Expungement Laws.
8.2 Forum Selection. Any dispute regarding enforcement or interpretation of
the Record-Sealing Order shall be brought in the Superior Court of Washington
for [COUNTY] County, which retains continuing jurisdiction.
8.3 Arbitration & Jury Waiver. Not applicable.

9. GENERAL PROVISIONS

9.1 Amendment. This Petition may be amended only by leave of Court.
9.2 Severability. If any provision of the Record-Sealing Order is held
invalid, the remainder shall remain fully enforceable.
9.3 Entire Petition. This document contains the entire request for relief and
supersedes all prior oral or written requests.

10. EXECUTION BLOCK

Executed at [CITY], Washington on [DATE].

[PETITIONER FULL LEGAL NAME]
Petitioner

VERIFICATION
I, [PETITIONER NAME], declare under penalty of perjury under the laws of the
State of Washington that I have read the foregoing Petition, know its contents,
and believe it to be true and correct.

Dated: ___ ______
[PETITIONER NAME], Declarant

[NOTARY BLOCK – use the format required by RCW 42.45 if notarization is
desired or required by local court rule]

CERTIFICATE OF SERVICE

I certify that on [DATE] I caused a true and correct copy of this Petition
and all supporting documents to be served on the following by the method
indicated:

• Prosecuting Attorney – [E-Service/Mail/Hand Delivery]
• [Other party or agency] – [Method]

[NAME], Legal Assistant for Petitioner

[// GUIDANCE: Some counties require service on the sentencing judge or
probation department. Check local court rules (LCR) before filing.]

PROPOSED ORDER (SUBMIT SEPARATELY PER LCR 7)

[// GUIDANCE: Most clerks require a Word-formatted proposed order. Include:
1) caption; 2) findings that statutory criteria are met;
3) conclusions of law; 4) orders vacating conviction, restoring civil rights
if applicable, and directing agencies to seal/delete records; 5) signature
lines for judge.]

[// GUIDANCE TO PRACTITIONER:
1. Eligibility Checklist – Prior to filing, run WATCH/NCIC to confirm no
disqualifying history.
2. Waiting Period – Calculate from latest of: a) date of discharge; b) release
from confinement; or c) payment of LFOs.
3. Juvenile Records – Use RCW 13.50.260 template instead; requirements differ.
4. Firearm Rights – A separate petition is required under RCW 9.41.047.
5. Filing Fee – Verify county-specific fee (many waive for indigency).
6. Hearings – Some counties decide on written submissions; others require
appearance. Attach a proposed order and a copy of the judgment and sentence.]