Wash. Rev. Code § 9.94A.640
Vacation of offender's record of conviction
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(1) Except as provided in subsection (5) of this section, every offender who has been discharged under RCW 9.94A.637 may apply to the sentencing court for a vacation of the offender's record of conviction. If the court finds the offender meets the tests prescribed in subsection (2) of this section, the court may clear the record of conviction by: (a) Permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; or (b) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; and (c) by the court dismissing the information or indictment against the offender.
(2) An offender may not have the record of conviction cleared if:
(a) There are any criminal charges against the offender pending in any court of this state or another state, or in any federal court;
(b) The offense was a violent offense as defined in RCW 9.94A.030 or crime against persons as defined in RCW 43.43.830, except the following offenses may be vacated if the conviction did not include a firearm, deadly weapon, or sexual motivation enhancement: (i) Assault in the second degree under RCW 9A.36.021; (ii) assault in the third degree under RCW 9A.36.031 when not committed against a law enforcement officer or peace officer; and (iii) robbery in the second degree under RCW 9A.56.210;
(c) The offense is a class B felony and the offender has been convicted of a new crime in this state, another state, or federal court in the ten years prior to the application for vacation;
(d) The offense is a class C felony and the offender has been convicted of a new crime in this state, another state, or federal court in the five years prior to the application for vacation;
(e) The offense is a class B felony and less than ten years have passed since the later of: (i) The applicant's release from community custody; (ii) the applicant's release from full and partial confinement; or (iii) the applicant's sentencing date;
(f) The offense was a class C felony, other than a class C felony described in RCW 46.61.502(6) or 46.61.504(6), and less than five years have passed since the later of: (i) The applicant's release from community custody; (ii) the applicant's release from full and partial confinement; or (iii) the applicant's sentencing date; or
(3) If the applicant is a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence as defined in RCW 9.94A.030, the victim or the prosecutor of the county in which the victim was sentenced may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class B or class C felony offense using the process in RCW 9.94A.648. When preparing or filing the petition, the prosecutor is not deemed to be providing legal advice or legal assistance on behalf of the victim, but is fulfilling an administrative function on behalf of the state in order to further their responsibility to seek to reform and improve the administration of criminal justice. A record of conviction vacated using the process in RCW 9.94A.648 is subject to subsection (4) of this section.
(4)(a) Except as otherwise provided, once the court vacates a record of conviction under subsection (1) of this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution, and nothing in this section affects the requirements for restoring a right to possess a firearm under RCW 9.41.040.
(b) A conviction vacated on or after July 28, 2019, qualifies as a prior conviction for the purpose of charging a present recidivist offense occurring on or after July 28, 2019, and may be used to establish an ongoing pattern of abuse for purposes of RCW 9.94A.535.
(5) Every person convicted of a prison riot offense under RCW 9.94.010 who was incarcerated in a facility operated by the department of children, youth, and families or a county juvenile detention facility at the time of the offense may apply to the sentencing court for a vacation of the applicant's record of adjudication or conviction for the offense. If an applicant qualifies under this subsection, the court shall vacate the record of conviction or adjudication.
[ 2025 c 169 s 2; 2021 c 237 s 2; 2019 c 331 s 3; 2012 c 183 s 3; 2006 c 73 s 8; 1987 c 486 s 7; 1981 c 137 s 23. Formerly RCW 9.94A.230.]
Notes:
Effective date—2025 c 169: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 2025]." [ 2025 c 169 s 7.]
Short title—2019 c 331: See note following RCW 9.94A.637.
Effective date—2012 c 183: See note following RCW 9.94A.475.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—1981 c 137: See RCW 9.94A.905.
Notes of Decisions
Cited in 39
cases (13 in the last 5 years), 2004–2026 · leading case: In Re the Personal Restraint of Carrier
In Re the Personal Restraint of Carrier (2012)
“230 (1987), recodified as RCW 9.94A.640 (Laws of 2001, ch. 10, § 6).”
State v. Smith (2010)
“subsequent conviction that disqualifies him from obtaining an order vacating his 1989 felony conviction under RCW 9.94A.640. Because the plain words of RCW 9.”
State v. McEnry (2004)
“2 In 2003, McEnry moved to vacate his convictions under RCW 9.94A.640 and to seal the court file pursuant to GR 15 and RCW 9.”
State Of Washington v. Roland Kopp (2020)
“We further conclude the trial court did not abuse its discretion in denying Kopp’s motion under the circumstances of this case. FACTS In the early morning hours of August 7, 2011, K.”
Siperek v. United States (2017)
“It should be noted that RCW 9.94A.640 and RCW 13.50.260 do not necessarily offer the same relief, raising a question-as to whether the sealing of a juvenile record indeed constitutes a full expungement.”
State v. Haggard (2020)
“230 (recodified as RCW 9.94A.640) to have the same practical effect.”
State v. Catling (2019)
“1 RCW 9.94A.640(1) (allowing anyone discharged under RCW 9.”
State v. Cooper (2013)
“In Washington, vacation of crimes committed on or after July 1, 1984, is governed by RCW 9.94A.640. Under the Sentencing Reform Act of 1981, chapter 9.”
State v. Waldon (2009)
“NOTES [1] Waldon also argued that sealing was separately authorized pursuant to RCW 9.94A.640, the statute governing vacation of an offender's record of conviction.”
State v. Cervantes (2012)
“The trial court denied his motion to vacate because it had previously vacated the offense at his request in 2005 under RCW 9.94A.640 after he had served his sentence.”
State of Washington v. Jason Michael Catling (2018)
“RCW 9.94A.640 declares: (1) Every offender who has been discharged underRCW 9.”
State v. Smith (2010)
“We must decide whether Smith's 1995 vacated misdemeanor conviction constitutes a subsequent conviction that disqualifies him from obtaining an order vacating his 1989 felony conviction under RCW 9.94A.640. Because the plain words of RCW 9.”
— Wash. Rev. Code § 9.94A.640(1) — 15 cases
In Re the Personal Restraint of Carrier (2012)
“230 (1987), recodified as RCW 9.94A.640 (Laws of 2001, ch. 10, § 6).”
State Of Washington v. Roland Kopp (2020)
“We further conclude the trial court did not abuse its discretion in denying Kopp’s motion under the circumstances of this case. FACTS In the early morning hours of August 7, 2011, K.”
State v. Catling (2019)
“1 RCW 9.94A.640(1) (allowing anyone discharged under RCW 9.”
State v. Haggard (2020)
“230 (recodified as RCW 9.94A.640) to have the same practical effect.”
State v. Cooper (2013)
“In Washington, vacation of crimes committed on or after July 1, 1984, is governed by RCW 9.94A.640. Under the Sentencing Reform Act of 1981, chapter 9.”
— Wash. Rev. Code § 9.94A.640(2) — 11 cases
In Re the Personal Restraint of Carrier (2012)
“230 (1987), recodified as RCW 9.94A.640 (Laws of 2001, ch. 10, § 6).”
State Of Washington v. Roland Kopp (2020)
“We further conclude the trial court did not abuse its discretion in denying Kopp’s motion under the circumstances of this case. FACTS In the early morning hours of August 7, 2011, K.”
State v. Cooper (2013)
“In Washington, vacation of crimes committed on or after July 1, 1984, is governed by RCW 9.94A.640. Under the Sentencing Reform Act of 1981, chapter 9.”
State v. Smith (2010)
“subsequent conviction that disqualifies him from obtaining an order vacating his 1989 felony conviction under RCW 9.94A.640. Because the plain words of RCW 9.”
— Wash. Rev. Code § 9.94A.640(2)(a) — 4 cases
State Of Washington v. Roland Kopp (2020)
“We further conclude the trial court did not abuse its discretion in denying Kopp’s motion under the circumstances of this case. FACTS In the early morning hours of August 7, 2011, K.”
State v. Hubbard (2018)
State v. Abrams (2026)
— Wash. Rev. Code § 9.94A.640(2)(b) — 4 cases
Siperek v. United States (2017)
“It should be noted that RCW 9.94A.640 and RCW 13.50.260 do not necessarily offer the same relief, raising a question-as to whether the sealing of a juvenile record indeed constitutes a full expungement.”
State v. Hubbard (2018)
— Wash. Rev. Code § 9.94A.640(2)(b)(ii) — 1 case
— Wash. Rev. Code § 9.94A.640(2)(c) — 2 cases
State v. Abrams (2026)
State v. Koester (2006)
— Wash. Rev. Code § 9.94A.640(2)(d) — 4 cases
State v. Smith (2010)
“subsequent conviction that disqualifies him from obtaining an order vacating his 1989 felony conviction under RCW 9.94A.640. Because the plain words of RCW 9.”
State v. Smith (2010)
“We must decide whether Smith's 1995 vacated misdemeanor conviction constitutes a subsequent conviction that disqualifies him from obtaining an order vacating his 1989 felony conviction under RCW 9.94A.640. Because the plain words of RCW 9.”
— Wash. Rev. Code § 9.94A.640(2)(e) — 2 cases
State v. Abrams (2026)
— Wash. Rev. Code § 9.94A.640(2)(e)(ii) — 2 cases
State v. Abrams (2026)
— Wash. Rev. Code § 9.94A.640(2)(f) — 5 cases
State v. Hubbard (2018)
State v. Koester (2006)
— Wash. Rev. Code § 9.94A.640(2)(f)(ii) — 1 case
— Wash. Rev. Code § 9.94A.640(3) — 9 cases
In Re the Personal Restraint of Carrier (2012)
“230 (1987), recodified as RCW 9.94A.640 (Laws of 2001, ch. 10, § 6).”
State v. McEnry (2004)
“2 In 2003, McEnry moved to vacate his convictions under RCW 9.94A.640 and to seal the court file pursuant to GR 15 and RCW 9.”
State v. Smith (2010)
“subsequent conviction that disqualifies him from obtaining an order vacating his 1989 felony conviction under RCW 9.94A.640. Because the plain words of RCW 9.”
State v. Cooper (2013)
“In Washington, vacation of crimes committed on or after July 1, 1984, is governed by RCW 9.94A.640. Under the Sentencing Reform Act of 1981, chapter 9.”
Siperek v. United States (2017)
“It should be noted that RCW 9.94A.640 and RCW 13.50.260 do not necessarily offer the same relief, raising a question-as to whether the sealing of a juvenile record indeed constitutes a full expungement.”
— Wash. Rev. Code § 9.94A.640(4) — 1 case
State v. Abrams (2026)
— Wash. Rev. Code § 9.94A.640(4)(a) — 3 cases
State v. Abrams (2026)
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