Washington's New Hope Act: how vacating convictions under RCW 9.94A.640 and 9.96.060 actually works

Washington uses a distinctive approach to criminal record relief. Rather than "expungement" or "sealing," Washington's primary framework allows individuals to "vacate" their convictions under RCW 9.94A.640 (felonies) and RCW 9.96.060 (misdemeanors and gross misdemeanors). A vacated conviction is removed from public criminal history records and the individual can legally deny the conviction in most contexts, but the record itself isn't physically destroyed. Sealed conviction information remains accessible to law enforcement, prosecutors, courts, and certain government entities.

The framework was significantly expanded by the New Hope Act of 2019 (HB 1041). The Act eliminated the prior limitation that allowed only one misdemeanor conviction to be vacated, expanded eligibility for certain felony offenses (including specified second-degree assault and robbery offenses without firearm/deadly weapon/sexual motivation enhancements), and made other procedural improvements. The 2024 amendments removed the 3-year wait period after completion of Legal Financial Obligations (LFOs) and allowed LFO cancellation when the petitioner cannot afford to pay. The combined effect has made Washington's framework one of the more accessible state systems for vacating conviction records.

Recent Washington Supreme Court guidance has refined the framework. In State v. Abrams, No. 103058-4 (April 30, 2026), the court held that the crime-free time required for vacatur eligibility doesn't start until the applicant is released from confinement for ALL convictions, not just released for the convictions being vacated. The court also clarified that vacatur applicants must present evidence of rehabilitation to assist the court in exercising discretion. These clarifications affect how the framework operates in practice and what petitioners need to demonstrate.

This is how the Washington vacatur framework actually works under RCW 9.94A.640 and RCW 9.96.060 as amended, the eligibility criteria, the procedural sequence, and the strategic considerations for Washington residents seeking to vacate their convictions in 2026.

How vacating works

The substantive effect of a vacated conviction under Washington law:

Removed from public criminal history. Washington State Patrol updates the criminal history database to reflect the vacated status. The conviction doesn't appear in standard background checks conducted through public information sources.

Right to deny the conviction. Under both RCW 9.94A.640 and RCW 9.96.060, the individual can legally state that they have not been convicted of the offense, except in narrow circumstances (subsequent recidivist offenses, certain professional licensing applications).

Record not destroyed. Unlike "expungement" in some other states, Washington vacatur doesn't physically destroy records. Court files, prosecutor files, and law enforcement records continue to exist. The records are simply restricted from public dissemination.

Recidivist offense exception. A vacated conviction may still be used as a prior conviction for purposes of charging a present recidivist offense. The vacatur doesn't reset the conviction history for future criminal cases.

FBI and federal records. Vacatur is a state-level remedy that doesn't directly affect federal records. The FBI may still have records of the conviction, and federal background checks may show it.

Private background check services. Private companies that collected the conviction information before vacatur may still have records. The individual may need to provide vacatur orders to these companies to update their records, though the process isn't always reliable.

Vacating misdemeanor convictions under RCW 9.96.060

The framework for misdemeanor and gross misdemeanor convictions under RCW 9.96.060:

Basic eligibility requirements:

The applicant has completed all terms of the sentence including legal financial obligations (LFOs). The 2024 amendments removed the 3-year wait after LFO completion; vacating is available once all terms are complete.

No criminal charges currently pending in any state or federal court.

No new convictions in this state, another state, or federal/tribal court in the three years prior to the application.

The applicant is not currently restrained by a domestic violence protection order, no-contact order, antiharassment order, or civil restraining order. Previously restrained applicants must show no violations in the five years prior to the application.

The applicant has not previously had two convictions vacated.

The waiting period:

Three years from the latest of: the applicant's sentencing date, release from total or partial confinement, or release from community supervision/probation.

Five years for certain DV-related misdemeanors: Misdemeanor domestic violence offenses have a five-year waiting period rather than three.

Excluded offenses. Several categories cannot be vacated:

Violent offenses as defined in RCW 9.94A.030
Attempts to commit violent offenses
DUI under RCW 46.61.502
Actual physical control under RCW 46.61.504
Operating a railroad while intoxicated under RCW 9.91.020
Other specifically excluded offenses

The New Hope Act eliminated the prior limitation to vacating only one misdemeanor. The current framework allows multiple eligible misdemeanors to be vacated, either together or at different times.

Vacating felony convictions under RCW 9.94A.640

The framework for felony convictions is more restrictive:

Basic eligibility requirements:

The offense was committed on or after July 1, 1984 (the effective date of Washington's Sentencing Reform Act).

The applicant was discharged under RCW 9.94A.637 (typically signifying completion of all sentence requirements).

No criminal charges currently pending.

No new convictions in the relevant period (5 years for Class C, 10 years for Class B).

Only non-violent Class B or Class C felonies are eligible.

The waiting periods:

Class C felony: 5 years from the later of release from confinement or community custody, or sentencing date. No new convictions in the 5 years prior.

Class B felony: 10 years from the later of release from confinement or community custody, or sentencing date. No new convictions in the 10 years prior.

Excluded offenses. Several categories cannot be vacated:

Violent offenses as defined in RCW 9.94A.030
Crimes against persons as defined in RCW 43.43.830
Sex offenses requiring registration
Felony DUI or physical control offenses
Class A felonies (all categories)

Limited exception for specified offenses. Under the New Hope Act, the following offenses may be vacated if the conviction did NOT include a firearm, deadly weapon, or sexual motivation enhancement:

Assault in the second degree under RCW 9A.36.021
Assault in the third degree under RCW 9A.36.031 (when not committed against a law enforcement officer)
Robbery in the second degree under RCW 9A.56.210

The New Hope Act's expansion of these specific offenses was particularly significant because these were previously categorically excluded as crimes against persons.

The State v. Abrams clarifications

The Washington Supreme Court's April 30, 2026 decision in State v. Abrams, No. 103058-4 clarified key aspects of the framework:

Crime-free time calculation. The court held that the crime-free time necessary for vacatur eligibility does not start until the applicant is released from confinement for ALL convictions, not just released for the convictions being vacated. This means that applicants with multiple convictions face longer effective waiting periods than they might have assumed.

For example, an applicant with both Class C felony and Class B felony convictions: The 5-year wait for Class C and 10-year wait for Class B both start from release for the most recent confinement, not from the release for each respective conviction.

Evidence of rehabilitation required. The court clarified that vacatur applicants must present evidence of rehabilitation to assist the court in exercising discretion. The eligibility criteria establish the threshold; the discretionary decision considers rehabilitation evidence.

The court explained in dicta that the rule of lenity does not automatically require courts to interpret statutes in the defendant's favor in vacatur cases.

The practical implications:

Applicants with multiple convictions need to carefully track confinement releases for ALL convictions, not just the conviction being vacated.

Applications should include comprehensive evidence of rehabilitation: stable employment, educational achievements, community involvement, treatment completion, family responsibilities, and similar evidence that supports the discretionary decision.

The court has more flexibility to grant or deny vacatur even when the eligibility requirements are met. Strong rehabilitation evidence improves the likelihood of grant.

The procedural sequence

For individuals seeking to vacate convictions in Washington:

Confirm eligibility. Review the specific conviction, the offense classification (misdemeanor, gross misdemeanor, Class C felony, Class B felony), the elapsed time, and the categorical exclusions. Identify whether the conviction meets the basic eligibility requirements.

Calculate crime-free time correctly. Following State v. Abrams, the crime-free time runs from release for ALL convictions. Applicants with multiple convictions need to track the latest confinement release date.

Verify LFO completion. All Legal Financial Obligations must be completed (or properly cancelled under the 2024 amendments if the applicant can't afford to pay). LFO completion includes restitution, court costs, fines, and similar financial obligations.

Obtain the criminal history record. Washington State Patrol provides criminal history reports. The reports verify the current status of all convictions and identify any documentation issues.

Prepare the petition. Standard petition forms are available through Washington Courts and various legal aid resources. The petition is filed in the sentencing court (the court that handled the original case).

Include rehabilitation evidence. Following State v. Abrams, the petition should include comprehensive evidence of rehabilitation: employment records, educational records, treatment records, community involvement evidence, and similar documentation.

Notice to prosecutor. The prosecuting attorney has the right to respond and oppose. Some prosecutors agree to vacatur orders without contesting; others actively oppose.

Court hearing if required. If the prosecutor opposes or the court requires it, a hearing is scheduled. The applicant presents evidence supporting vacatur; the prosecutor presents opposing evidence if any.

Court decision. The court has discretion to grant or deny based on the eligibility criteria, the evidence presented, and the totality of circumstances.

Order implementation. If granted, the vacatur order is forwarded to Washington State Patrol for processing. The criminal history database is updated to reflect the vacated status. The Washington State Patrol transmits the order to the FBI, though FBI implementation is variable.

The typical timeline from filing to decision is 2-6 months, depending on the court and the prosecutor's response.

What vacating doesn't do

The Washington framework has specific limitations:

Doesn't destroy records. Unlike "expungement" in some other states, Washington vacatur preserves the underlying records. The records continue to exist in court files, prosecutor files, and law enforcement databases.

Doesn't restore federal firearm rights. Federal firearms prohibitions under 18 U.S.C. §922(g) may continue based on the underlying conviction. Vacatur is a state-level remedy that doesn't directly affect federal firearms law.

Doesn't eliminate federal immigration consequences. Federal immigration law typically doesn't recognize state-level expungement or vacatur for immigration purposes. Deportation, inadmissibility, and naturalization consequences may continue.

Recidivist offense exception. Vacated convictions can be used to charge present recidivist offenses. The framework specifies that vacated convictions count for purposes of establishing recidivist offense elements.

Background check residue. FBI records, private background check service records, court file records (which remain publicly accessible), and similar sources may continue to show the conviction even after vacatur. The vacatur provides a defense and a basis for correction, but doesn't automatically clear all records.

Public court records remain. Court files are generally public records and don't get sealed by vacatur. A determined searcher reviewing court records may find references to the vacated conviction.

How Washington compares to other state frameworks

Washington's framework has distinctive features compared to peer states:

Compared to Michigan's Clean Slate (Public Act 193 of 2020 with automatic set-aside since April 11, 2023): Michigan provides automatic relief for many convictions. Washington's framework requires petition for all relief. Michigan's framework is broader for routine cases.

Compared to New York's Clean Slate Act (CPL §160.57, effective November 16, 2024): New York provides automatic sealing for most felony and misdemeanor convictions. Washington's petition-based framework requires more proactive effort.

Compared to Pennsylvania's Clean Slate: Pennsylvania has the most aggressive automatic sealing framework with shorter waiting periods. Washington's framework is more limited in scope.

Compared to Ohio's framework (R.C. §2953.32 post-SB 288): Ohio provides true expungement (record destruction) plus sealing options. Washington provides only vacatur (similar to sealing, no destruction). Ohio's framework is more comprehensive in its remedies.

Compared to Texas's framework and Virginia's Clean Slate (effective July 1, 2026): These frameworks include automatic procedures. Washington's framework is entirely petition-based.

The broader national framework is detailed in our state-by-state expungement framework overview. Washington's framework, while less progressive than the most aggressive state systems, provides meaningful relief for individuals who navigate the petition process successfully.

Strategic considerations

For Washington residents seeking to vacate convictions:

Check current criminal history. Request a Washington State Patrol criminal history report (available through WSP for approximately $11). The report shows current status of all convictions and identifies any issues that need to be addressed.

Calculate the post-Abrams crime-free time carefully. Following the April 2026 Supreme Court decision, the waiting period runs from release for ALL convictions, not just the conviction being vacated. Applicants with multiple convictions need to track the most recent release date.

Complete all LFOs first. The 2024 amendments removed the post-completion wait, but all LFOs must be complete before vacatur is available. Or, if the applicant cannot afford to pay, ask the court to cancel or reduce LFOs (also under the 2024 amendments).

Build the rehabilitation case. Following State v. Abrams, courts expect evidence of rehabilitation. Document employment, education, treatment completion, community involvement, family responsibilities, and similar evidence.

Consider professional representation. Vacatur cases are technical and benefit from professional guidance. Washington vacatur attorneys typically charge $500-$3,500 depending on case complexity. The framework's discretionary elements make professional representation particularly valuable for contested cases.

Coordinate with the prosecutor. Some Washington prosecutors agree to vacatur orders without contesting. Contacting the prosecutor's office early in the process to discuss the case can lead to uncontested orders that move faster than contested petitions.

Plan for the timeline. Vacatur petitions typically take 2-6 months from filing to decision. Plan accordingly if specific deadlines (employment, professional licensing, immigration matters, etc.) are involved.

Verify completion after the order. After the court order, request an updated Washington State Patrol criminal history report to verify the vacatur has been properly recorded. Errors can occur in implementation.

Address private background check companies separately. Private background check companies may not automatically update their records based on Washington State Patrol notifications. Direct communication with these companies, providing copies of the vacatur order, may be necessary to clear records held by private services.

Don't assume federal effects. Washington vacatur provides state-level relief. Federal background checks, federal firearms rights, federal immigration consequences, and federal employment effects may continue based on underlying records regardless of state-level action.

For Washington residents whose conviction records affect their current opportunities, the framework provides meaningful paths to relief. The combination of the New Hope Act expansions, the 2024 LFO amendments, and the State v. Abrams clarifications produces a framework that's more accessible than it was historically but requires careful procedural navigation. The work for applicants is in confirming eligibility, building strong rehabilitation evidence, completing required procedural steps, and following through with the petition process. For cases that succeed, vacatur provides meaningful relief from the consequences of conviction records, though the relief is more limited than the destruction-based expungement available in some other states.