Expunge your felony in Washington state
Eligibility requirements to expunge your felony in Washington state
To expunge a felony in Washington state means to vacate it. The statute that controls vacating a felony is RCW 9.94A.640.
You are eligible to expunge or vacate your felony if:
- You do not have any pending charges in any state or federal court (RCW 9.94A.640(2)(a)); and
- Enough time has passed since you became eligible for discharge from your sentence (RCW 9.94A.640(2)(e), (f)); and
- You have not been convicted of any new crime in any state or federal court since you became eligible for discharge from your sentence, unless you have vacated the new conviction (RCW 9.94A.640(2)(d)); and
- Your conviction is not for felony DUI, felony physical control, any class A felony, any violent offense as defined in RCW 9.94A.030(54), or any crime against persons as defined in RCW 43.43.830(7) (RCW 9.94A.640(2)(b), (c), (g)); and
- For class C felonies, at least five years has passed since you became eligible for discharge. RCW 9.94A.640(2)(f). For class B felonies, at least ten years has passed since you became eligible for discharge. RCW 9.94A.640(2)(e).
Meaning of “discharge from sentence”
You are eligible to be discharged from your sentence upon completion of all conditions of the sentence, including probation and fines. RCW 9.94A.637. The five or ten year waiting period doesn’t start until you are eligible for discharge.
Expunging multiple felony convictions in Washington state
Unlike misdemeanors, there is no limit on how many felony convictions you can expunge so long as each felony otherwise meets the eligibility requirements. You would have to start with the most recent qualifying felony and work backward.
Benefits of vacating a felony in Washington state
Vacating a felony conviction in Washington state is extremely advantageous because it releases you from all penalties and disabilities and allows you to answer truthfully for all purposes that you were not convicted of that crime. RCW 9.94A.640(3). Vacating the felony also removes it from your official criminal history as maintained by the Washington State Patrol’s WATCH public criminal history database. Vacating a felony does not restore Washington state firearm rights, which is a separate process.