Sealing and Expunging Criminal Records in Washington

A criminal record is a chronological history of an individual’s criminal activities within the jurisdiction of the state of Washington. It includes records maintained by law enforcement, as well as those from the Washington judiciary. These agencies and other criminal justice agencies are official custodians of criminal records. Interested individuals and private entities may request and view an individual’s criminal record if the record is publicly available. Sealing or expunging removes these records from the public domain and the access of most government agencies. However, this nuanced process involves paying close attention to every step. Although individuals may successfully initiate and complete the expungement process on their own, alleged offenders generally employ the services of an experienced attorney. Nevertheless, due diligence requires that the interested individual be informed of the procedure.

The Difference Between Sealing and Expunging Criminal Records

In Washington, sealing and expungement are colloquial terms for removing a record from the public domain. These processes are different but share a few similarities. There is, however, a third term—vacating a sentence, which refers to clearing the events of trial and conviction. However, unlike sealing and expunging, prosecutors reserve the right to prosecute the individual afresh without the restraint of double jeopardy. Furthermore, records of a vacated conviction may still be available to any interested requester and may appear on background checks.

Meanwhile, sealing a record removes it from public access. The record custodians, i.e., the court, police, and criminal justice agencies, will deny unauthorized requests to view the record. The conviction remains in effect in this case. Requesters armed with a court order may access sealed records. On the other hand, expunging a record means that the record custodian has deleted all existing information about the crime from the public domain and destroyed physical copies of the record in their possession. In this case, requesters armed with a court order are unable to access expunged records. However, in some cases, the record custodian will maintain specific data relating to the conviction.

Eligibility Requirements to Expunge and Seal a Criminal Record in Washington

Under Section 10.97.060 of the Revised Code of Washington (RCW), the law sets standards and criteria that individuals must meet before requesting that the court seal or expunge a record. It is important to note that as of October 2020, Washington only allows the expungement of non-conviction data, and the individual must meet other criteria, such as:

• The record must consist of only non-conviction data.
• The individual is applying at least two years after the court entered a disposition favorable to the defendant;
• The individual is applying at least three years after the date of arrest, issuance of a citation, or warrant that did not result in a conviction;
• The individual is not applying to expunge or seal records of a deferred disposition or similar diversion;
• The individual does not have prior convictions for a felony or gross misdemeanor; and
• The individual has not been arrested for or indicted during the intervening period.

How to Seal a Criminal Record in Washington

Sealing a criminal record is a meticulous and often lengthy process that requires forbearance. In addition to meeting the requirements mentioned above, individuals who wish to seal criminal records will need to make a strong petition because the Washington judiciary places a high value on access to case information. Thus, the best practice is often to hire a qualified attorney who will examine the case’s merits and act on the client’s behalf.

Per GR 15 of the Washington court rules, the process begins with filing a motion to seal with the Clerk of Courts. Typically, this is in the county or city where the case was filed and tried. The interested individual may make inquiries at the Clerk’s Office. While court staff cannot provide legal advice, staff can point the individual towards helpful official resources, forms, and guidelines. The judiciary maintains a useful directory to find the court of interest. Then, the individual must serve a copy of the motion to other parties in the case and the state prosecutor, who will have a window of fifteen days to object to the motion to seal. Upon completing the service, the court will schedule a hearing date when a presiding judge will examine the merits of the motion to seal. In granting or denying the motion, the judge will consider whether sealing the record outweighs the public’s right to access the record.

To make a solid case, petitioners will need to demonstrate a need, interest, or right that could be jeopardized if the record remains in the public domain. If successful, the court will only grant the motion to seal and issue an order to all record custodians (i.e., law enforcement and criminal justice agencies) to remove the record from public access for a specified period. After the period elapses, the individual must show justification for continued sealing.

How to Expunge a Criminal Record in Washington

The process of expunging a criminal record is not much different from sealing. Applicants typically begin by filing a motion to expunge or delete, and then complete the process. However, due to expungement’s permanent nature, Washington courts do not grant motions to expunge adult criminal convictions. On the other hand, most records of juvenile convictions are eligible for expungement.

Meanwhile, under RCW 43.43.730, when an individual is adjudged innocent after an indictment, the person may initiate the request for modification of criminal records with the Washington State Patrol. To begin, download and complete the modification request form. Then, enclose the completed form, a government-issued photo ID, and money order or personal check for the applicable amount in a self-addressed stamped envelope.

Send mail to:

Washington State Patrol
Criminal History Records Section
106 11th Avenue Southwest, Suite 1300
P.O. Box 42633
Olympia WA 98504–2633

Similarly, Washington laws make provisions for individuals who are victims of Compromised Identity Claim (CIC). CIC happens when an offender submits another person’s name and birth date at the time of an arrest. Victims of CIC must complete and submit a CIC form. Enclose the completed form and a government-issued photo ID. D., and money order or personal check for $58.00 in a self-addressed stamped envelope. Send the mail to the address on the form.

What Crimes Can Be Sealed or Expunged in Washington?

The court rarely considers sealing or expunging convicted adult felonies. The same applies to misdemeanors adjudged guilty. Most juvenile crimes are, however, eligible for expungement. The court will consider a motion to seal adult indictment and conviction records if the case was dismissed or the individual had been wrongfully indicted or convicted.

The following details are typically required for an expungement

• The name of the petitioner
• Court of conviction
• Date of birth
• Social Securnon-profit organizations
• Charges to be set aside
• Case disposition

Can a Felony Be Expunged in Washington?

Under Washington legislation, RCW 9.94A.640, some felony convictions may be vacated in Washington. This releases the offenders from the restrictions resulting from the offense. Expungement is reserved for non-conviction records.

To be eligible to vacate a conviction in Washington, the following requirements must be met:

• For a Class C felony, 5 years must have elapsed since the conviction
• For a Class B felony, 10 years must have elapsed since the conviction
• The individual must have completed all the terms of their sentence.
• The offender must have no pending charges anywhere.

However, not all felonies can be vacated in Washington. For instance, Class A felonies, felony DUI, violent crimes, and crimes against children may not be vacated.

To get a conviction record vacated, the offender must petition the court to that effect. They are required to provide a copy of their record from the Washington State Patrol and pay the requisite fees. Subsequently, they or their attorney would be invited for a scheduled hearing in the court where the case was handled. The judge must find good cause to grant the petition based on the evidence of rehabilitation. They must be convinced that the individual's right to a second chance outweighs the need to retain and disclose the record.

Do Sealed Records Show up In Washington Background Checks?

No, they do not. Only individuals and entities who possess a court order may access the records for criminal background checks. Nevertheless, if law enforcement indicts the individual for a new crime, the court will have access to the expunged data. Additionally, background check agencies and prospective employers conducting background checks cannot access expunged records. Besides, in most cases, the individual does not have to mention the existence of an expunged record.

Who Can See Sealed Criminal Records in Washington?

Generally, record custodians in Washington may be able to view sealed criminal records. Other entities, including government agencies, must obtain a court order to access sealed criminal records. Note that the court retains access to sealed criminal records of repeat offenders.

How Can I Get My Record Expunged for Free in Washington?

The process of seeking to vacate a conviction record can seem daunting when faced with financial constraints. Fortunately, there are low-cost avenues to achieve this. The court does not charge for filing a motion to vacate a felony conviction in Washington; however, there are some costs associated with the process. The individual may be required to pay administrative fees, which range from $100 to $400. Additionally, a minimum $5 fee typically applies for a certified copy, a $15 charge for notarizing documents, and postage costs vary depending on the carrier and delivery speed.

Moreover, if the petitioner decides to hire an attorney, additional costs will be incurred. The charges vary depending on the severity of the charges they seek to vacate, the lawyer's expertise, and the location.

How to Obtain Sealed Records in Washington

As stated in Section E of GR 15, requesters may only access sealed court records after the court has unsealed such records. Records can generally be unsealed after the seal period has elapsed or when an individual makes a court order requesting access to the sealed court record. Unless otherwise provided by state statutes, the court will only grant unsealing if there is proof of compelling circumstances or if the requester is statutorily entitled to view the sealed record.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. Additionally, third-party sites often feature search engines that can be useful for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.