A criminal charge does not always end when you leave the courtroom. Even if charges are dismissed, reduced, or you are acquitted, records of an arrest or court case can still appear in background checks for employment, housing, or professional licensing. In Washington State, clearing your record requires taking specific legal steps.
If past charges or convictions are affecting your opportunities, there may be options available to seal or vacate those records.
Juvenile Court Records
Crimes committed as a minor can continue to follow you into adulthood. In many cases, juvenile records may be sealed, which prevents them from being publicly accessible.
Courts will automatically schedule a sealing hearing after the latest of the following events:
- Your eighteenth birthday
- Completion of probation, if ordered
- Release from confinement or parole, if ordered
The court will notify you, your attorney, and any victim involved. If there is no objection, the court will typically seal the records unless:
- The offense was classified as a serious violent offense
- The offense was a sex offense
- The offense involved certain drug crimes
- You have not completed all terms of disposition, including restitution
If your case does not qualify for automatic sealing, you may file a motion requesting that the court seal your records. In most cases, the court will grant the motion unless:
- You are required to register as a sex offender
- You were convicted of first- or second-degree rape
- You have pending criminal charges or diversion proceedings
- You have not paid restitution
- It has been less than two years without incident since completion of your case
If you were acquitted or the charges were dismissed, the court may immediately seal official juvenile court records. Once sealed, you may legally state that the incident did not occur. However, certain law enforcement agencies may retain internal records.
Adult Court Records – Vacating a Conviction
In Washington State, expungement is referred to as vacating a conviction. Vacating allows a person to withdraw a guilty plea and have the case dismissed, which can significantly reduce the long-term impact of a conviction.
You may qualify to vacate a misdemeanor or gross misdemeanor conviction if:
- You have completed all terms of your sentence, including financial obligations
- At least three years have passed since completion
- You have no pending criminal charges
- You have not been convicted of a new offense
- You have not previously vacated another conviction
- You are not currently restrained by certain protection or no-contact orders
A conviction generally cannot be vacated if:
- The offense was classified as violent
- The offense involved DUI or DUI-related charges
- The offense was sexual in nature
- Certain domestic violence convictions apply
Vacating a felony conviction involves additional requirements and court discretion. You may be ineligible if:
- You are currently facing new criminal charges
- The conviction involved a violent offense
- You have subsequent convictions
- Less than ten years have passed for a Class B felony
- Less than five years have passed for a Class C felony
When a conviction is vacated, you may state that you have not been convicted of that offense. However, the record itself is not sealed and may still appear in some public databases. Additionally, the conviction can still be considered in future criminal proceedings.
Certain prostitution-related offenses follow separate standards for vacating.
Deletion of Arrest Records
If you were arrested but never charged, or charges were dropped, you may be eligible to apply for deletion of the arrest record from law enforcement databases.
In most cases:
- You must wait three years after an arrest without charges
- You must wait two years after charges are dropped
Eligibility may be affected if:
- The case was deferred or diverted
- You have prior felony or gross misdemeanor convictions
- You were arrested during the waiting period
- You were charged with another offense during the waiting period
The process of sealing or vacating a record can be complex, and mistakes may delay or prevent relief. Strategic guidance is often critical.
If you are seeking to clear your record — or if you are currently facing criminal charges and want to avoid long-term consequences — contact the Law Offices of Steve Karimi for a confidential consultation.
