Wash. Rev. Code » Title 10 · Chapter 10.97
Revised Code of Washington

Wash. Rev. Code § 10.97.060 (2026)

Deletion of certain information, conditions

✓ current as of May 2026
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Criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.
Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:
(1) The disposition was a deferred prosecution or similar diversion of the alleged offender;
(2) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;
(3) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.
Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.
[ 1977 ex.s. c 314 s 6.]
Notes of Decisions
Cited in 12 cases, 1990–2009 · leading case: State v. Breazeale, 31 P.3d 1155 (Wash. 2001).
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State v. Breazeale, 31 P.3d 1155 (Wash. 2001). · cites it 7× “240 and RCW 10.97.060 provide statutory authority to vacate Respondents' conviction records.”
State v. Breazeale, 144 Wash. 2d 829 (Wash. 2001). · cites it 6× “240 and RCW 10.97.060 provide statutory authority to vacate Respondents’ conviction records.”
State v. Shineman, 971 P.2d 94 (Wash. Ct. App. 1999). · cites it 18× “But after Shineman complied with the terms and conditions of the plea agreement, the State objected to his Motion to Dismiss and Expunge the Record; and the trial court denied his Motion for Specific Performance of Plea Agreement, ruling that RCW 10.97.060 gives expungement…”
State v. Gilkinson, 790 P.2d 1247 (Wash. Ct. App. 1990). · cites it 10× “In 1987, Gilkinson filed a motion in Kitsap County Superior Court, pursuant to RCW 10.97.060 of the Washington State Criminal Records Privacy Act, for an order deleting and expunging records of the Bremerton Police Department, Kitsap County Sheriff's Department, Washington State…”
State v. Young, 216 P.3d 449 (Wash. Ct. App. 2009). · cites it 8× “She argued that the court had authority to destroy the records under GR 15(h) and RCW 10.97.060. [2] And she declared that organizations gained access to this information by running criminal background checks and then denied her housing and employment.”
State v. Young, 152 Wash. App. 186 (Wash. Ct. App. 2009). · cites it 7× “She argued that the court had authority to destroy the records under GR 15(h) and RCW 10.97.060. 2 And she declared that organizations gained access to this information by running criminal background checks and then denied her housing and employment.”
State v. Breazeale, 994 P.2d 254 (Wash. Ct. App. 2000). · cites it 5× “In 1987, relying on RCW 10.97.060, the trial court ordered the WSP and other state agencies to expunge his records.”
State v. Riley, 177 P.3d 115 (Wash. Ct. App. 2008). “2 |9 In contrast, RCW 10.97.060 provides that noncon-viction criminal record information may be deleted only after two or more years have passed since the record became nonconviction data.”
State v. Rawls, 60 P.3d 113 (Wash. Ct. App. 2002). “See RCW 10.97.060; RCW 13.50.050. City of Seattle v.”
State v. TK, 987 P.2d 63 (Wash. 2003). “At issue there was RCW 10.97.060 which provided for deletion of nonconviction data upon the request of the subject of such data.”
State v. Riley, 177 P.3d 115 (Wash. Ct. App. 2008). “Nonconviction data consists of "all criminal history record information relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending.”
State v. T.K., 139 Wash. 2d 320 (Wash. 1999). “At issue there was RCW 10.97.060 which provided for deletion of noncon *327 viction data upon the request of the subject of such data.”
— Wash. Rev. Code § 10.97.060(2) — 2 cases
State v. Young, 216 P.3d 449 (Wash. Ct. App. 2009). “She argued that the court had authority to destroy the records under GR 15(h) and RCW 10.97.060. [2] And she declared that organizations gained access to this information by running criminal background checks and then denied her housing and employment.”
State v. Young, 152 Wash. App. 186 (Wash. Ct. App. 2009). “She argued that the court had authority to destroy the records under GR 15(h) and RCW 10.97.060. 2 And she declared that organizations gained access to this information by running criminal background checks and then denied her housing and employment.”
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