Expungement Petition - Preparation Worksheet - Washington

PREPARATION GUIDE — NOT A SUBSTITUTE FOR THE CURRENT COURT FORM

Use CR 08.0900 (07/2025) for a felony-vacation motion and
CrRLJ 09.0100 (11/2024) for a misdemeanor or gross-misdemeanor vacation
petition, subject to the sentencing court's current instructions. Vacation
does not automatically seal the court file. Nonconviction-data deletion is a
separate request to each criminal-justice agency holding the data.

Washington Adult Conviction-Vacation Preparation Guide

1. Select the remedy and form

☐ Felony conviction: RCW 9.94A.640; forms CR 08.0900 and CR 08.0920.

☐ Misdemeanor or gross misdemeanor: RCW 9.96.060; forms CrRLJ 09.0100,
CrRLJ 09.0150, and CrRLJ 09.0200.

☐ Qualifying misdemeanor cannabis conviction: use the specialized
CrRLJ 09.0800 and CrRLJ 09.0870 forms.

☐ Nonconviction law-enforcement data: request deletion under
RCW 10.97.060 from the Washington State Patrol and each local agency holding
the data.

☐ Court-record sealing: separately analyze GR 15 and any applicable
statute. A vacation order alone does not destroy or seal the court file.

2. Caption

Sentencing court: [________________________________]

County or city: [________________________________]

Cause number: [________________________________]

3. Conviction information

• Offense and degree: [________________________________]
• RCW or ordinance: [________________________________]
• Count: [____]
• Offense date: [__/__/____]
• Conviction date: [__/__/____]
• Sentencing date: [__/__/____]
• Classification: ☐ Class B ☐ Class C ☐ Gross misdemeanor ☐ Misdemeanor
• Release from full and partial confinement: [__/__/____]
• Release from community custody: [__/__/____]
• Release from supervision or probation: [__/__/____]
• All sentence terms completed: ☐ Yes ☐ No
• Financial obligations satisfied: ☐ Yes ☐ No
• Certificate of discharge issued, if felony: ☐ Yes ☐ No

4. Felony eligibility worksheet — RCW 9.94A.640

The current felony form applies to an offense committed on or after July 1,
1984.

☐ The offense is not a Class A felony.

☐ There are no criminal charges pending in a Washington court, another
state's court, or federal court.

☐ The defendant has been discharged under RCW 9.94A.637.

☐ For a Class B felony, no new conviction in Washington, another state, or
federal court occurred during the 10 years before filing.

☐ For a Class C felony, no new conviction in Washington, another state, or
federal court occurred during the five years before filing.

☐ For a Class B felony, at least 10 years have passed since the latest of
release from community custody, release from full and partial confinement,
or sentencing.

☐ For a Class C felony, at least five years have passed since the same latest
event.

☐ The offense is not a prohibited violent offense or crime against a person,
unless it is one of these current statutory exceptions and the conviction did
not include a firearm, deadly-weapon, or sexual-motivation enhancement:

• second-degree assault under RCW 9A.36.021;

• third-degree assault under RCW 9A.36.031 not committed against a law-
  enforcement officer or peace officer; or

• second-degree robbery under RCW 9A.56.210.

☐ The offense is not felony DUI under RCW 46.61.502(6) or felony physical
control under RCW 46.61.504(6).

5. Misdemeanor eligibility worksheet — RCW 9.96.060

☐ Every sentence term is complete, including financial obligations.

☐ No criminal charge is pending in a Washington, other-state, federal, or
tribal court.

☐ The offense is not a violent offense or attempted violent offense.

☐ The offense is not DUI, physical control, intoxicated railroad operation,
or a disqualifying “prior offense” under RCW 46.61.5055.

☐ The offense is not an excluded offense under chapter 9.68, 9.68A, or 9A.44
RCW, except failure to register under RCW 9A.44.132.

☐ For an ordinary misdemeanor or gross misdemeanor, at least three years have
passed since the latest of release from supervision or probation, release
from total and partial confinement, or sentencing.

☐ No new state, other-state, federal, or tribal conviction occurred during
the three years before filing.

☐ The defendant is not currently restrained by a listed protection,
no-contact, antiharassment, or civil restraining order, and was not found to
have violated such an order during the five years before filing.

Domestic-violence matter

☐ Written notice was provided to the prosecuting attorney and filed with the
court.

☐ The defendant does not have two or more domestic-violence convictions from
different incidents.

☐ At least five years have passed since completion of the original sentence
conditions, including treatment but excluding payment of financial
obligations.

The current statute excludes financial obligations from the domestic-violence
five-year clock and does not use them to calculate the ordinary three-year
clock, but all financial obligations must still be satisfied before vacation
under the ordinary pathway.

6. Supporting materials

For a felony motion, the current CR 08.0900 form directs the filer to attach:

☐ Judgment and sentence.

☐ Certificate of discharge or other proof of completion required by statute.

☐ Current criminal history.

Also obtain any local scheduling form and prepare the current proposed order.

7. Declaration and service

Use the declaration in the current pattern form. Do not add a notary block
unless a current rule or local instruction requires one.

☐ Sign under penalty of perjury under Washington law.

☐ File under the original sentencing-court cause number.

☐ Schedule the hearing as directed by the clerk.

☐ Serve the motion or petition and hearing notice on the prosecuting
attorney's office that prosecuted the case.

☐ Retain proof of service and attend the hearing unless the court orders
otherwise.

8. Effect of a vacation order

If granted, the court withdraws the guilty plea or sets aside the guilty
verdict and dismisses the charging document. The person may state, for the
purposes specified in the applicable vacation statute, that the person was
not convicted of that crime. The conviction may still be used as authorized
in a later criminal prosecution, and vacation does not itself restore firearm
rights.

The current pattern orders direct the clerk—not the petitioner—to transmit the
vacation order to the Washington State Patrol and identified local law-
enforcement agency. Those agencies update criminal-history records and the
State Patrol transmits the order to the FBI.

Sources and References

• RCW 9.94A.640
• RCW 9.96.060
• RCW 9.94A.637
• RCW 10.97.060
• GR 15
• Washington Courts — Vacating/Sealing Records Forms