Vacate Record of Adult Felony Conviction In Washington State

The lawyers at Platt & Buescher can help those convicted of adult felony offenses get the record of their conviction vacated.

In general two steps are required to vacate an adult felony conviction. The person must (1) obtain a Certificate of Discharge; and (2) File a Motion for an Order Vacating Record of Felony Conviction.

Vacate Record of Felony Conviction

Vacation of the record of a felony conviction includes the following relief:

  1. The conviction will be cleared because:
    • the court will permit a not guilty plea to be entered and the guilty plea to be withdrawn; or
    • the guilty verdict will be set aside by the court; and
    • the court will dismiss the charging document (indictment/information charging). RCW 9.94A.640(1).
  2. For all purposes, the person may lawfully say the person has not been convicted of the crime that has been vacated. The person may state this even when the person responds to questions on applications. RCW 9.94A.640(3).

Also the standard court Order directs the Washington State Patrol and local law enforcement agencies to not disclose the vacated conviction, except to other criminal justice enforcement agencies.

This is a significant and important relief. A person is eligible to obtain such relief if the following requirements are met:

  • The person has received a certificate of discharge. RCW 9.94A.640(1).
  • The person has no criminal charges pending against him or her. RCW 9.94A.640(2)(a).
  • The offense must not be a “violent offense.” RCW 9.94A.640(2)(b). Violent offenses include:
    • A conviction for class A felony or attempt, solicitation, or conspiracy to commit a class A felony;
    • Manslaughter 1;
    • Manslaughter 2;
    • Indecent liberties if committed by forcible compulsion;
    • Kidnapping 2;
    • Arson 2;
    • Assault 2;
    • Assault of a child 2;
    • Extortion 1;
    • Robbery 2;
    • Driveby shooting;
    • Vehicular assault due to either reckless driving or DUI;
    • Vehicular homicide due to either reckless driving or DUI. RCW 9.94A.030(54).
  • The offense must not be a “crime against persons” under RCW 43.43.830. RCW 9.94A.640(2)(c). Crimes against persons include but are not limited to:
    • aggravated murder;
    • assault 1, 2, or 3;
    • burglary 1;
    • child molestation 1, 2, or 3;
    • communication with a minor;
    • custodial assault;
    • extortion 1 or 2;
    • murder 1 or 2;
    • kidnapping 1 or 2;
    • rape 1, 2, or 3;
    • robbery 1 or 2;
    • arson 1;
    • manslaughter 1 or 2;
    • indecent liberties;
    • vehicular homicide;
    • felony indecent exposure. RCW 43.43.830(7).
  • The person must not have been convicted of a new crime after the date he or she received a certificate of discharge. RCW 9.94A.640(2)(d).
  • At least ten years passed since the date the certificate of discharge was issued if the crime is a class B felony. RCW 9.94A.640(2)(e).
  • At least five years passed since the date the certificate of discharge was issued if the crime is a class C felony. RCW 9.94A.640(2)(f).
  • The offense cannot be a felony DUI or felony actual physical control while under the influence. RCW 9.94A.640(2)(g).

If you believe you have satisfied the requirements above and are eligible to vacate your prior felony conviction please contact Platt & Buescher Attorneys at Law at (206) 569-8630 (360) 678-6777 to talk about vacating your felony conviction with a lawyer serving Bellingham, Whatcom County, Mount Vernon, Burlington, Skagit County, Oak Harbor, NAS Whidbey, Coupeville, Island County, Whidbey Island, Camano Island, King County, Seattle, and Western Washington.