Vacating & Expunging Records

Many people are confused about Washington State expungement, and with good reason. The process is complicated due to different terminology and varying rules depending on whether your case involves the courts, the Department of Licensing, or law enforcement. Understanding the distinctions between expunging, vacating, and sealing records is essential to clearing your criminal history.

Expungement of Non-Conviction Records

Washington State expungement applies to "non-conviction data" -- situations where no adverse consequences were imposed. This includes cases where charges were dismissed before trial or where a "not guilty" verdict was returned. The process requires:

• A two-year waiting period from the date of dismissal without any new arrests or convictions
• Submission of an application to the Washington State Patrol with fingerprints and court records

Important: This procedure does not remove or seal court records or Department of Licensing records. It only clears the arrest record maintained by law enforcement.

Vacating a Criminal Conviction

For actual convictions, individuals may petition the court to vacate the record. When a conviction is vacated, the court withdraws the guilty plea and the charge is dismissed. Key points to understand:

• Some offenses, such as DUI, are ineligible for vacating
• A minimum three-year waiting period following probation completion without new arrests or convictions
• Approval is at the judge's discretion -- it is not guaranteed
• Only one offense in a lifetime can be vacated
• Court records remain accessible unless separately sealed
• The Department of Licensing does not recognize vacated convictions

Sealing Court Records

Sealing a court record is a separate process that requires demonstrating a "compelling privacy interest that outweighs the public policy of open access." This process is discretionary, and the difficulty varies significantly by court and judge. Even after a conviction is vacated, the court records remain accessible to the public unless a separate motion to seal is granted.

Juvenile Records

How We Can Help

• Determining which process applies to your situation -- expungement, vacating, or sealing
• Evaluating your eligibility based on your specific conviction and history
• Preparing and filing all necessary motions and applications
• Representing you at court hearings for vacating and sealing motions
• Handling juvenile record clearing with its different rules and procedures

Contact the Law Office of Erin Bradley McAleer today for a free consultation to discuss whether your criminal record can be cleared. Our attorneys will evaluate your eligibility and handle every step of the process.