Serving Skagit,
Island, and
Whatcom Counties
Island, and
Whatcom Counties
Vacating a Criminal Conviction in Skagit County, Washington
An old criminal conviction can create obstacles when you apply for work, housing, or other opportunities. Washington law allows qualifying convictions to be vacated through a court order.
Powers Law Group helps clients in Skagit, Whatcom, and Island counties understand their options for clearing eligible convictions. Contact our office at 360-419-0809 to discuss your record and the next steps.
What Does Vacating a Conviction Mean?
Vacating a conviction changes its legal status. Depending on how the case was resolved, the court allows withdrawal of the guilty plea or sets aside the guilty verdict, then dismisses the charge. Eligibility depends on the offense, sentence completion, criminal history, and applicable waiting period.
How Do You Vacate a Washington Conviction?
The process generally involves:
- Reviewing your records. Gather the judgment and sentence, case docket, criminal history, and documentation showing completion of court requirements.
- Determining eligibility. Identify the applicable statute, waiting period, and any disqualifying circumstances.
- Checking felony discharge. For ordinary felony vacation, confirm that a certificate of discharge has been entered or determine how to obtain one.
- Filing in the sentencing court. Prepare the appropriate motion or petition, supporting declaration, hearing notice, and proposed order.
- Notifying the prosecutor and obtaining a ruling. Follow the court’s notice and hearing requirements. If relief is granted, retain copies of the signed order.
Washington Courts provides forms, but local requirements also matter. Confirm whether your personal appearance is required before the hearing.
Frequently Asked Questions
1. How Long Must I Wait To Vacate a Misdemeanor?
For most eligible non-domestic-violence misdemeanors, three years must pass from the latest of sentencing, release from confinement, or release from supervision or probation. Sentence completion, recent convictions, pending charges, and certain restraining orders also affect eligibility.
2. Can I Vacate a Domestic Violence Conviction?
Some qualify. The ordinary waiting period is five years after completing the original sentence conditions, including treatment, excluding payment of financial obligations from that calculation. Financial obligations must still be satisfied. Multiple domestic violence convictions from separate incidents and other statutory restrictions can bar relief.
3. Can I Vacate a Felony?
Some Class B and Class C felonies qualify under RCW 9.94A.640. Generally, the waiting periods are ten and five years, respectively, measured from the latest of sentencing, release from confinement, or release from community custody.
Many violent offenses and crimes against persons are excluded. However, qualifying second-degree assault, certain third-degree assault, and second-degree robbery convictions have exceptions when specified enhancements are absent.
4. Can a DUI Be Vacated?
DUI and physical-control convictions are excluded from ordinary misdemeanor vacation. A reduced offense that counts as a DUI “prior offense” has additional restrictions, including a ten-year period from arrest and rules concerning subsequent alcohol or drug violations.
5. Does a Later Conviction Permanently Disqualify Me?
Not necessarily. Ordinary felony eligibility considers whether you have a new conviction within the preceding five years for a Class C felony or ten years for a Class B felony. The remaining requirements still apply.
6. Is Vacating the Same as Expunging or Sealing My Record?
No. People often search for “expungement,” but vacating an adult Washington conviction does not automatically seal or destroy its court file. Court records may remain publicly accessible. Sealing requires a separate legal basis and court order under applicable rules, including GR 15.
7. What Can I Say on an Employment Application Afterward?
Washington’s vacation laws generally permit you to say you have not been convicted of the specific crime vacated. That does not cover other convictions. Keep your order and obtain advice about questions involving arrests, dismissed charges, or specialized disclosure requirements.
8. Will Vacating My Conviction Restore My Firearm Rights?
Not automatically. Firearm-rights restoration has separate requirements. Have both Washington and federal eligibility reviewed before possessing a firearm.
9. Can an Old Drug-Possession Conviction Be Cleared?
Possibly. State v. Blake created a separate path for convictions under Washington’s former unconstitutional drug-possession law. Eligible individuals may also obtain refunds of qualifying amounts paid. Skagit County District Court identifies potential relief for certain drug-related misdemeanor convictions.
Discuss Your Options With Powers Law Group
Bring your case number, sentencing documents, and any records showing completed treatment, probation, or payments. We can review your eligibility, explain potential obstacles, and identify the appropriate process.
Call 360-419-0809 or contact Powers Law Group to schedule a consultation.
This information provides general guidance. Eligibility and results depend on the facts of each case and applicable law.