Washington State has strict limits for allowing a person to vacate a conviction. If you answer 'Yes' to any of the following questions in Section One then you likely are NOT eligible. You are eligible only if you have completed your sentence and meet waiting periods that begin when the sentence is complete, do not have any pending charges. Washington only allows you to vacate your most recent conviction. If you think you may be eligible please answer the following questions.

Section One

Do you have have any part of your sentence to complete for the court to discharge you, including restitution/legal financial obligations and successful completion of any treatment ordered?


Have you been convicted of any offenses since completing the sentence for the one you wish to vacate?

Are any criminal charges pending against you in any state or federal court?

Was the offense a serious violent offense (click to see the list of offenses)?

Was the offense RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), or 9.91.020 (operating a railroad, etc. while under the influence)?


Was the offense RCW 9.68 (obscenity and pornography), 9.68A (sexual exploitation of children), 9A.44 (sex offenses), or the attempt of any of these?

Was the offense domestic violence?

Have you been conviced of another previous domestic violence violation?

Have you ever had the record of another conviction vacated?

Are you currently or have you been restrained within the last five years by a domestic violence protection order, a no-contact order, an anti-harassment protection order, or a civil restraining order which restrains one party from contacting the other party?

Were you convicted before July 1, 1984??

Have you been convicted of a crime against a person as defined in RCW 43.43.830(5)?

Section Two

You must meet the below waiting periods for the type of conviction you received.

Were you convicted of a felony or a misdemeanor? If you are unsure of the class, please call the court where you were convicted.


Note: Class A Felonies are not eligible for discharge.

Have you met the waiting periods below from discharge of court supervision including completion of the terms and conditions of the sentence, restitution/legal financial obligations, and successful completion of any treatment ordered without a criminal conviction?

  • Class A Felony is not eligible for discharge
  • Class B Felony: 10 Years
  • Class C Felony: 5 Years

OR

Have you met the waiting period below from discharge of court supervision without a criminal conviction?

  • Misdemeanor - Domestic Violence: 5 Years
  • Misdemeanor: 3 Years
  • Gross Misdemeanor: 3 Years

Section Three

If you answered 'No' to all the questions in Section One and have met the waiting periods that apply to you in Section Two then you may be eligible to have your conviction vacated. Please call my office to make an appointment to get the process started. www.klepslawoffice.com