Cleaning Up Your Criminal Record

The answer to this question will vary depending on the person, but here are a few of the common areas where you could be negatively affected: 

• Employment opportunities 
• Housing
• Loans
• Attending school activities for your kids/coaching
• Child custody issues
• 2nd Amendment rights (Note that firearm rights restoration is a separate issue from expungement)
• Anything else requiring a background check
• Negative stigma in general
• Points on your record should you ever be charged/convicted of a new crime

Yes. In Washington, you cannot “expunge” your record, but you can “vacate” it. There are some similarities between the two remedies, but also some differences. As an expungement is not available in Washington State after being convicted, there is no need to get into its effects here; rather we focus on what vacating your conviction does for you. More information on that in the next question.

*We need to included a dreaded asterisks here because while vacated convictions are no longer supposed to show up on background checks, we cannot guarantee removal across the board, particularly not right away. For instance, in the case of a background check for employment: Employers typically use a third-party background check company to search for any convictions. If that third-party’s database is not pulling accurate/up to date information, then the conviction could still appear. If this ever happens, we encourage clients to let us know so we can try to assist.

You can attempt to tackle it on your own, but depending on what your conviction is for, it can be a burdensome process. So, to answer this question, my first piece of advice is to lighten your burden by hiring an attorney to take care of it for you.

From there, we have a set process in place that leads us to the writing and filing of a motion to vacate the conviction.

While this is a great question, it does not have a straightforward answer as there are a number of variables at play. Some misdemeanor matters can be handled within several weeks, while some felonies may take several months. Some delay-causing variables are difficult to control, such as how long it takes to obtain needed records, hearing dates, etc.

Another lawyerly answer for you — it depends. Feel free to take a stab at using our eligibility tool above, and here is a bare bones answer for you:

Misdemeanors:

• 10 years for DUI’s and Physical Control cases that were reduced down to a lesser offense
• 5 years for domestic violence cases
• 3 years after completing all terms of sentence for most all other misdemeanors

Felonies

• Class A
  • Cannot be expunged
• Class B
  • 10 years after completing all terms of sentence (excluding sex offenses and most violent offenses)
• Class C
  • 5 years after completing all terms of sentence (excluding sex offenses and most violent offenses)

No, unfortunately not. You need to proactively vacate the conviction.

That said, as a separate issue, some felonies can “wash out” after a period of time, which simply means that felony would no longer count towards your offender score should you be convicted of another felony in the future. 

You can always give us a quick call to answer this question. Generally speaking, felonies are more serious offenses, whereas misdemeanors are less so. Your court documents will also tell you this information. Many counties and some cities have electronic court record portals where you can pull up your court documents if you no longer have them. 

This is a common scenario — to get originally charged with a felony but then have the case reduced to a misdemeanor. The good news is that the final conviction is what controls — in other words, the misdemeanor. 

Felony crimes in Washington are broken down by classes. There are three in total: A, B, & C. Class A felonies are the most serious, and cannot be expunged. Class B & C felonies may be expunged depending on what they are. 

If you do not know the class of felony on your record, we have listed some of the most common non-sex crime felonies below. This is not a complete list, so if you do not see the crime you were convicted of below, just give us a call.

• Class A: 
  • Assault 1
  • Assault of a Child 1
  • Burglary 1
  • Kidnapping 1
  • Manslaughter 1
  • Murder 1 & 2
  • Robbery 1
  • Vehicular Homicide – Reckless, Disregard for Safety, or DUI
• Class B
  • Arson 2
  • Assault 2
  • Assault of a Child 2
  • Bribery
  • Drive-by shooting
  • Extortion 1
  • False Reporting 1
  • Identity Theft 1
  • Intimidating Witness/Juror/Judge
  • Kidnapping 2
  • Manslaughter 2
  • Perjury 1
  • Promoting Prostitution 1
  • Residential Burglary
  • Robbery 2
  • Stalking
  • Theft of a Firearm
  • Theft from Vulnerable Adult 1
  • Trafficking in Stolen Property 1
  • Unlawful Possession of a Firearm 1
  • Vehicular Assault – Reckless or DUI
• Class C
  • Animal Cruelty 1
  • Assault 3
  • Assault of a Child 3
  • Attempting to Elude
  • Custodial Assault
  • Cyber Harassment
  • Domestic Violence Court Order Violation
  • Extortion 2
  • Forgery
  • Harassment
  • Hate Crime Offense
  • Hit & Run – Injury
  • Identity Theft 2
  • Malicious Mischief 1
  • Possession of Stolen Property 2
  • Promoting Prostitution 2
  • Tampering with a Witness
  • Theft 2
  • Unlawful Imprisonment
  • Unlawful Possession of a Firearm 2
  • Vehicle Prowl 1

Unfortunately, as the law stands now (2025), sex crimes cannot be vacated. The one exception to this is failure to register as a sex offender.

No legal tricks here. It does just what it is supposed to do. It wipes the slate clean. The conviction no longer shows up on background checks* and cannot be used against you for any purpose.

*We need to included a dreaded asterisks here because while expunged convictions are no longer supposed to show up on background checks, we cannot guarantee removal across the board, particularly not right away. For instance, in the case of a background check for employment: Employers typically use a third-party background check company to search for any convictions. If that third-party’s database is not pulling accurate/up to date information, then the conviction could still appear. If this ever happens, by the way, we encourage clients to let us know so we can try to assist.

No, while vacating a conviction is of great benefit, it is not the same as sealing it. Only
juvenile records can be sealed (but not all juvenile convictions).

Yes! We have a page coming soon about Cleaning up your Juvenile Record. For now, just give us a call to discuss.

Most violent offenses and crimes against children or other persons cannot be expunged. However, there are a few violent crimes that can be expunged as long as certain enhancements are not present.

Specifically, as long as there were not any firearm/deadly weapon or sexual motivation enhancement, then the following violent crimes are eligible for expungement:

• Assault 2
• Assault 3 (as long as not committed against law enforcement)
• Robbery 2 

As with the rest of our cases, we charge flat fees for expungements. The amount of the flat fee will vary depending on a few different factors. Once we have more information from you about your conviction(s), we will be able to provide an exact quote. Just give us a call to discuss.

No, there was not conviction, so there is nothing to vacate, which is great news. That said, you may want to pursue deleting your arrest record. If it has been two years or more since your case was not filed, dismissed, or since you were found ‘Not Guilty’ after trial, then you can apply to have your arrest record deleted. Here is the FORM you can fill out to pursue that.