📅 2026 Update: Changes to Washington Expungement Laws

Since the original article was published, Washington's expungement laws have seen significant updates. The New Hope Act, effective in 2024, made it easier to vacate certain criminal convictions. It removed the three-year waiting period after paying off Legal Financial Obligations (LFOs) for misdemeanors.

In 2026, additional legislative changes were made to the Revised Code of Washington that further clarify the expungement process.

The following sections outline the most important updates regarding vacating criminal convictions in Washington. Readers can find more detailed information further down the page.

🆕 2024 Legislative Changes

The New Hope Act streamlined the process for vacating certain misdemeanors. This change is significant because it allows people to vacate convictions more quickly after fulfilling their financial obligations.

  • 📋 No Waiting Period: Individuals can now vacate misdemeanors without waiting three years after paying LFOs.

📜 2026 Code Amendments

As of July 15, 2026, amendments to the Revised Code of Washington (RCW) have clarified eligibility criteria and procedures for vacating convictions. These updates reflect ongoing efforts to improve the expungement process.

  • 📝 Updated Procedures: The new laws include more detailed instructions for filing, serving, and attending hearings related to vacating convictions.

⚖️ Eligibility Criteria

Eligibility rules for vacating convictions have remained consistent but are now clearly defined in the updated RCW. Individuals seeking to vacate must meet specific requirements.

  • ✅ No Pending Charges: Those looking to vacate must have no other criminal charges pending and must have completed all sentencing requirements.

⏰ Processing Times

Processing times for vacating felony and misdemeanor convictions can vary by county. Some counties may expedite the process with the prosecutor's agreement.

  • ⌛ Local Variations: It is essential to check local practices, as they can impact the time it takes to finalize a vacate order.

📌 Key Updates Summary

  • 📅 New Hope Act: Simplifies the process for vacating misdemeanors.
  • ⚖️ Eligibility: No pending charges and completion of all requirements are necessary.
  • ⏳ Processing Times: Vary by county and may be expedited.
  • 📝 2026 Amendments: Clarify procedures for vacating convictions.

💡 Tips for Navigating Washington's Expungement Process

Reviewing your specific situation with your attorney can help clarify your options for vacating convictions.

📝 Understand the New Hope Act

Familiarize yourself with the New Hope Act, which allows for quicker vacating of misdemeanor convictions. This law is crucial if you have paid your LFOs and want to move forward.

🗂️ Gather Required Documents

Collect necessary documents such as court forms and your Certificate of Discharge. Having these ready will make the process smoother.

🎯 Check Your Eligibility

Before starting, ensure you meet the eligibility criteria. This includes having no pending charges and completing all sentencing requirements.

📞 Seek Free Legal Assistance

Consider reaching out to organizations like the Northwest Justice Project for free legal help. They provide resources and guidance for those looking to vacate convictions.

⏳ Be Patient with Processing Times

Remember that processing times can vary based on where you live. Be prepared for possible delays and check with local courts for updates.

❓ Frequently Asked Questions

❓ What is the difference between expungement and vacating a conviction?

Expungement refers to deleting records, while vacating a conviction removes it from public criminal history. In Washington, individuals can only seek to vacate convictions.

🔍 Can I vacate multiple convictions at once?

Yes, it is possible to vacate multiple convictions. However, each conviction must meet eligibility criteria, and processes may vary.

🏛️ How does the New Hope Act affect misdemeanor convictions?

The New Hope Act allows individuals to vacate certain misdemeanor convictions without a three-year waiting period after paying off LFOs. This change simplifies the process for many.

📅 Is there a deadline to apply for vacating a conviction?

There is no specific deadline to vacate a conviction. However, it is recommended to start the process once you meet eligibility criteria.

🗂️ What happens if my vacate order is denied?

If a vacate order is denied, individuals may need to wait a certain period before reapplying. Understanding the reasons for denial can help in future attempts.

📈 Will a vacated conviction show up on background checks?

Vacated convictions may still appear in FBI records and private background checks. Employers may still access this information, despite the vacate order.

⚖️ Recent Cases Related to Expungement Laws

Recent court rulings highlight the evolving landscape of expungement laws in Washington. These rulings connect to the ongoing discussions around vacating convictions and legal obligations.

For more details, you can browse more rulings on the news page.

End of October 2026 Update





Washington expungement laws give a person the legal right to deny any involvement in a crime once the record has been expunged. Once the court record is expunged, it is sealed or destroyed. The record could possibly reappear in a later criminal court case. An expunged court record does not give someone the right to possess a firearm.

Washington expungements do not totally protect a person's records from being viewed. The court record may still be found in certain court indexes. Employers may be able to check the nature of the charge against one of their potential employees. There is some protection that will not allow an employer to check out the entire case if there has been an expungement. 


Washington Expungement Laws


Juvenile Expungement

There are various factors that go into deciding if a juvenile court record should be expunged. The crime committed must not be a Class A felony or a sex offense. If another crime has been committed since the completion of a sentence but before an expungement was granted, the person will not have their court record expunged. If someone is 18 and the only blemish in their criminal history is the one offense and two years have passed since the completion of their sentence, that person may request that their court record be destroyed. If someone has more than one offense on their record they will have to wait until they are 23 years old before they can request an expungement.

The petition requesting an expungement must be filed with the court and a copy must be provided to the prosecuting attorney. The petitioner may also be required to notify the Washington State Patrol and any victims they harmed that they are seeking expungement. Sealed records give a person the right to deny any involvement in criminal activity. They may be unsealed and used against someone in any future criminal court cases. 



Time Restrictions for Expungement

         Class B felony- Ten years after conviction.


         Class C felony- Five years after conviction.


         Misdemeanor- Two years after conviction and the person must be at least 18 years old.


         Gross misdemeanor- Three years and the person must be at least 18 years old.


         Diversion- Two years after conviction and the person must be at least 18 years old.



Adult Expungements

In order to have a felony expunged, an adult must:


● Complete their sentence and be discharged.


● Have no criminal charges pending in any state or court.


● Cannot have been convicted for a violent crime or a crime against a person.


● Since being discharged, they must have spent ten years in the community without having committed an offense for a previous Class B crime. Class C crimes require five years in the community without committing an offense.



In order to have a misdemeanor expunged, an adult must:

● Three years must have passed since completion of any sentence including probation. Five years are required for probation for a domestic abuse case.


● The offense cannot have involved driving while intoxicated.


● The offense cannot have been a sex offense. 


● All conditions of sentence must have been met.


● There cannot be any pending criminal cases.


● The person cannot have been subject to a restraining order within the last five years.