Step 3

File with the court

Once you have determined you are eligible to vacate your conviction, you must submit a request to have your conviction vacated at the court where you were sentenced.

General guidelines

The step by step process outlined on this page is based on the "Instructions for Vacating Misdemeanor Convictions" (CrRLJ 09.0300), and "Instructions for Vacating Felony Convictions" (CrRLJ 08.0930) from the Washington Courts website.

Keep in mind, every court has different requirements. This is a general guideline.

Read the local court rules or contact the clerk of the court where you will file your petition to find out if any local requirements apply to you.

Step 1

File the petition & order forms

To petition your conviction vacation, fill out and sign the corresponding petition and order forms:

Cannabis

: CrRLJ 09.0800/ .0870

Prostitution

: CrRLJ 09.0100/ .0200

Misdemeanor

: CrRLJ 09.0100/ .0200

Felony

: CR 08.0900/ .0920

Step 2

Fill out the notice to schedule a hearing

To schedule a hearing, contact the clerk of the court where you were sentenced and complete the form that the court uses to schedule a hearing. If the court does not require a specific form, you may use CrRLJ 09.0150.

Step 3

File both documents

To find where to file your petition to vacate, visit the Washington State Courts Website for a statewide directory of courts.

On the same day that you file those documents with the clerk of the court, you must also provide a copy to your prosecutors’ office.

Step 4

Attend your hearing

The judge will hear your petition on the scheduled hearing day, and you must attend. If the petition is granted, the judge will issue an order vacating your conviction.

The court clerk will then send a copy of the order to the WSP and any local law enforcement agency that holds your criminal history.

Step 5

Enjoy your new opportunities

After the judge grants your request, your conviction will be vacated within a few days.

This means your conviction will no longer appear in your criminal history when searched.

Eligibility related forms

This vacation packet from Washington Law Help with guidance on vacation eligibility and necessary court forms and documents.

This vacation packet from Washington Law Help with guidance on vacation eligibility and necessary court forms and documents.

This vacation packet from Washington Law Help with guidance on vacation eligibility and necessary court forms and documents.

This vacation packet from Washington Law Help with guidance on vacation eligibility and necessary court forms and documents.

This detailed packet contains:

  • All court documents
  • Sample letters to the Washington State Patrol and the Juvenile Rehabilitation Administration
  • Specific practices per county

This vacation packet from Washington Law Help includes:

  • An overview of the requirements to vacate
  • Instructions on how to file a motion
  • All necessary court documents
  • Preparation guidelines
  • A sample letter to the Washington State Patrol

To vacate a felony conviction, you will also need a Certificate of Discharge. If the court has not issued the Certificate of Discharge yet, you must file for a certificate before you can vacate the felony.

  • This packet will assist you in obtaining a Certificate of Discharge in Washington State
  • This page on the Washington Courts website has both the motion and order forms needed for the Certificate of Discharge

Legal and Financial Aid

Many pro bono services are only available after being referred by CLEAR, a toll-free legal hotline:

  • Outside of King County: call 1-888-201-1014 (weekdays 9:15am - 12:15pm)
  • In King County: call 2-1-1 (weekdays 8am - 6pm)
  • You can also apply online at CLEAR*Online
Important Notice to Verify Legal Resources

Before using any legal resources mentioned on our website, we highly encourage you to contact them directly and verify if they can assist with your specific issue. Although we strive to provide accurate and up-to-date information, please be aware that the priorities and availability of legal resources may change over time.

Use this packet from Washington Law Help to find out if you are eligible to waive your fees.

  • This packet includes:
    • Instructions to request a fee waiver
    • All necessary forms.
  • If you have trouble filling out the documents, visit this website created by Northwest Justice to help fill out the documents for free.