Clear an old conviction and move forward
An old conviction can follow you long after you have paid your debt. It shows up on background checks for jobs, apartments, and professional licenses. Washington law lets many people ask the court that sentenced them to vacate that conviction.
When a conviction is vacated, the court sets aside the guilty plea or verdict and dismisses the case. For most purposes, including job and housing applications, you may then state that you were never convicted of that crime. Chester Baldwin, a Former Thurston County Rule-9 Prosecutor, reviews your record, tells you plainly whether you qualify, and handles the filing.
Who qualifies: misdemeanors and gross misdemeanors
You may be eligible if:
- You have completed every term of your sentence, including paying all fines and financial obligations.
- At least three years have passed since the latest of your sentencing, release from jail, or end of probation.
- You have no pending criminal charges in any court.
- You have no new convictions in the three years before you apply.
- You are not currently restrained by a protection order, no-contact order, or similar order.
Domestic violence convictions can sometimes be vacated, but they carry a five-year wait and additional requirements, including notice to the prosecutor.
RCW 9.96.060
Who qualifies: felonies
You must first have a certificate of discharge showing you completed your sentence. Then:
- Class C felonies: five years crime-free since the latest of sentencing, release from confinement, or release from community custody.
- Class B felonies: ten years crime-free on the same measure.
- No pending charges in any court.
Most violent offenses and crimes against persons cannot be vacated, with narrow exceptions set by statute. We will tell you at the start if your conviction falls in that group.
RCW 9.94A.640
What about DUI?
A DUI or Physical Control conviction cannot be vacated in Washington. Neither can a felony DUI. Some related situations are different:
- If a DUI charge was reduced to reckless driving, negligent driving in the first degree, or reckless endangerment, that conviction may be vacated once more than 10 years have passed since the arrest, with no new alcohol or drug offense in that time, plus the standard requirements.
- A Minor DUI (driver under 21) is not subject to the 10-year rule and follows the standard three-year requirements.
Convictions we cannot vacate
Sex offenses, most violent offenses, DUI, Physical Control, and felony DUI are not eligible. If your conviction is on that list, we will say so in the first conversation.
Old arrests and dismissed charges
An arrest that went nowhere can still show up on a background check. If you were arrested but never charged, the charges were dismissed, or you were found not guilty, that record is called non-conviction data.
Washington law says these records should be deleted from the files agencies routinely search two years after the case ends in your favor, or three years after an arrest that never led to a conviction. An agency can refuse a request if the case ended in a deferred prosecution or diversion, if you have an earlier felony or gross misdemeanor conviction, or if you were arrested or charged again in the meantime. Old arrests often still show up until someone asks for them to be removed. We confirm the dates for your case, request the deletion from the Washington State Patrol and the local agencies that hold the record, and follow up until the records are cleared.
RCW 10.97.060
How the process works
- Free consultation. We review your court records and confirm eligibility.
- Preparation. We draft the motion and supporting declaration and gather proof that your sentence is complete.
- Filing and notice. We file in the court that sentenced you and give the prosecutor the required notice.
- Hearing. If the court sets a hearing, we appear with you.
- Records update. Once the order is signed, the court clerk sends it to the Washington State Patrol, which updates its records and notifies the FBI.
What it costs
The consultation is free. If an attorney confirms you qualify, the flat fee is $2,500 per matter, quoted before any work begins. Vacating a conviction and restoring firearm rights together is $4,000. We only take your case if you qualify. Not sure what's on your record? Ask about our $99 Attorney Record Review: we pull your Washington record and give you an attorney's answer, and the $99 goes toward your fee. Major credit cards accepted.
Why hire a lawyer for this?
You can file a motion to vacate on your own, and some people do. The petitions that get denied usually fail for avoidable reasons: filing in the wrong court, miscounting the waiting period, a legal financial obligation that was never closed out, or, for a felony, no certificate of discharge on file. A denied motion costs you the filing fee and months of waiting before you can try again.
Chester checks your full record first, tells you plainly whether you qualify today or what has to happen before you do, and files once, correctly. If you have already been denied, bring the order and we will tell you what went wrong.
Good to know
- The court has discretion. Meeting the requirements makes you eligible; it does not guarantee the result.
- Vacating a conviction does not restore firearm rights on its own. That is a separate petition; see Firearm Rights Restoration.
- A vacated conviction can still count as a prior offense if you are charged with a new crime later.
Common questions
Will vacating my conviction restore my gun rights?
No. Vacating a conviction does not restore firearm rights on its own. That takes a separate petition in superior court under RCW 9.41.041. See Firearm Rights Restoration.
Can a DUI be vacated in Washington?
No. DUI, Physical Control, and felony DUI convictions can never be vacated. If a DUI charge was reduced to reckless driving, negligent driving in the first degree, or reckless endangerment, that conviction may be vacated once more than 10 years have passed since the arrest with no new alcohol or drug offense. A Minor DUI follows the standard three-year rule.
How long do I have to wait?
For most misdemeanors and gross misdemeanors, three years from the latest of your sentencing, release, or end of probation, with no new conviction in that time. Domestic violence convictions require five years. For felonies, you first need a certificate of discharge; then class C felonies require five crime-free years and class B felonies require ten.
Do I have to finish paying fines first?
Yes. Every term of your sentence must be complete, including legal financial obligations, before a misdemeanor or gross misdemeanor conviction can be vacated.
What can I say on a job or housing application afterward?
For most purposes, including job and housing applications, you may state that you were never convicted of that crime. A vacated conviction can still count as a prior offense if you are charged with a new crime later.
Counties served
We file in courts throughout Western Washington, including Thurston, Pierce, Mason, Kitsap, Lewis, Grays Harbor, King, Snohomish, Cowlitz, and Clark Counties.