Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to a person whose criminal history consists of only referrals for diversion will be destroyed upon petition if the person is 23 years of age or older and the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense. Wash. Rev. Code § 13.50.270(3)(a)(ii).	Records relating to a person whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008, will be destroyed upon motion if the person is 18 years of age or older and two years have elapsed since the completion of the agreement or counsel and release. Wash. Rev. Code § 13.50.270(3)(a)(i).	Records relating to a person whose criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008, will be destroyed so long as the person is at least 18 years old, at least two years have passed since completion of the agreement or counsel and release, and the person is not subject to a disqualifying event. Wash. Rev. Code § 13.50.270(1).	Records relating to class A offenses will be sealed so long as the person has spent five consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(a).	Records relating to a class B, class C, gross misdemeanor, or misdemeanor offense will be sealed upon motion so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).	Records relating to the completion of a diversion agreement will be sealed so long as the person has spent two consecutive years in the community and is not subject to any disqualifying event. Wash. Rev. Code § 13.50.260(4)(b).	Records relating to an acquittal or upon the dismissal of charges with prejudice will be sealed immediately. Wash. Rev. Code §13.50.260(2).	Records relating to a juvenile adjudication can be sealed by the court so long as the person is at least 18 years old and not subject to a disqualifying event. Wash. Rev. Code §13.50.260(1).	Information relating to an arrest and charge can be deleted by the criminal justice agency three years after the arrest if no conviction has been obtained, so long as the defendant is not a fugitive and the case is not under active prosecution. Wash. Rev. Code § 10.97.060.	Information relating to an arrest and charge will be deleted by the criminal justice agency three years after the arrest if no conviction has been obtained and the case is not under active prosecution, so long as the defendant is not a fugitive, has no prior felony or gross misdemeanor convictions, and no subsequent charges. Wash. Rev. Code § 10.97.060.	The criminal history record of a case can be sealed by the court within 60 days after disposition of the case if no probable cause has been determined upon arraignment or the charges are dismissed without prejudice. 13 V.S.A. § 7603(a).	Records relating to a juvenile charged with a criminal offense or who was the subject of a delinquincy petition on or after July 1, 2006 and prior to the person attaining majority, can be sealed by the court immediately upon dismissal. 33 V.S.A. § 5119(h)(1).	The criminal record of a person who was 18 to 21 years old at the time the offense was committed can be expunged within 30 days from the successful completion of sentence. 13 V.S.A. § 7609(a).	Records relating to a case dismissed following the completion of adult diversion prior to July 1, 2002 can be sealed upon petition to the court if the person has no other felony or misdemeanor convictions and does not owe restitution. 3 V.S.A. § 164(g).	Records relating to a case dismissed following the successful completion of adult diversion on or after July 1, 2002 can be sealed by the court. 3 V.S.A. § 164(j).	Records relating to a case dismissed after the successful completion of probation under section 7041 will be expunged by the court, absent a finding of good cause not to expunge and after all restitution is paid in full. 13 V.S.A. § 7041(a), (e).	Records relating to a conviction can be vacated by the court, if the conviction resulted from being a victim of human trafficking. 13 V.S.A. § 2658.	Records relating to a conviction for an offense that is no longer prohibited by law or designated as a criminal offense can be expunged by the court at any time after sentence completion. 13 V.S.A. § 7602(a)(1)(B), (e).	The record of conviction or adjudication for a traffic violation can be expunged 2 years after satisfaction of the judgement. 23 V.S.A. § 2303(a).	Records relating to a conviction of a qualifying crime, or crimes arising out of the same incident, can be expunged or sealed by the court 10 years after the sentence is completed, if the petitioner has no felony conviction in the previous seven years and no misdemeanor conviction in the past five years, and has paid all restitution. 13 V.S.A. § 7602(c).
Ineligible Category or Citation	To be eligible for destruction, the person must have successfully completed all diversion agreements and have no pending proceedings seeking the conviction of the person for a criminal offense. Wash. Rev. Code § 13.50.270(3)(a)(ii).	There is no statutory language regarding ineligible offenses.	The matter cannot be destroyed if the person has a pending proceeding seeking conviction of a criminal offense or restitution is still owed in the case. Wash. Rev. Code § 13.50.270(1)(a).	The class A offense cannot be sealed if the person: was adjudicated or convicted of a subsequent offense in the five years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; has been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(a).	The offense cannot be sealed if the person: has been subsequently convicted of any offense or crime within the two years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(b).	The diversion matter cannot be sealed if the person: has been subsequently convicted of any offense or crime within the two years prior to filing the petition; has a pending adjudication or adult criminal proceeding; has a pending proceeding seeking the formation of a diversion agreement; has to register as a sex offender and has not been relieved of the duty to register; or has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider. Wash. Rev. Code § 13.50.260(4)(b).	The dismissal of a deferred disposition under RCW 13.40.127 is ineligible.	The following offenses are not eligible for sealing: a most serious offense; a sex offense; or a drug offense. Wash. Rev. Code § 13.50.260(c).	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	See 33 V.S.A. § 5119(h)(1) for ineligible offenses.	See 13 V.S.A. § 7609(b).	See 3 V.S.A. § 164(a) for offenses eligible for adult diversion.	See 3 V.S.A. § 164(a) for offenses eligible for adult diversion.	See 13 V.S.A. § 7041(a), (c) for offenses ineligible for deferred adjudication.	See 13 V.S.A. § 2658(a)(1). for ineligible offenses.	There is no statutory language regarding ineligible offenses.	On offenses listed under 23 V.S.A. § 2303(a) are eligible for expungement.	See 13 V.S.A. § 7601 for qualifying offenses.
Clearance Process	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Petition-based	Automatic	Automatic	Automatic	Petition-based	Automatic	Automatic	Petition-based	Petition-based	Automatic	Petition-based
Waiting Periods	The petition can be filed any time after the person turns 23.	The petition can be filed any time after the person turns 18 and two years have elapsed since completion of the agreement or counsel and release.	The records should be destroyed within 90 days of when both of the following become true: the person is 18 years old or older, and two years have elapsed since the completion of the agreement or counsel and release. Wash. Rev. Code § 13.50.270(1)(a).	The petition can be filed after the person has been in the community for five consecutive years since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition. Wash. Rev. Code § 13.50.260(4)(a)(i).	The petition can be filed after the person has been in the community for two consecutive years since the date of last release from confinement, including full-time residential treatment, if any, or entry of disposition. Wash. Rev. Code § 13.50.260(4)(b)(i).	The petition can be filed after the person has been in the community for two consecutive years since the completion of the diversion agreement. Wash. Rev. Code § 13.50.260(4)(b)(i).	The court should immediately seal the record upon acquittal or dismissal.	At the time of disposition, the court should schedule an administrative sealing hearing after the latest of the following events that apply: the person's 18th birthday; the anticipated completion of the person's probation, if ordered; or the anticipated release from confinement or completion of parole. Wash. Rev. Code § 13.50.260(1)(b).	The request can be filed three years after the arrest, citation, or warrant if no conviction is obtained.	The request can be filed three years after the arrest, citation, or warrant if no conviction is obtained.	There is a 60-day waiting period.	The petition can be filed two years after the charge is dismissed.	There is no statutory language regarding a waiting period.	The petition can be filed two years after the successful completion of the adult diversion program.	The court notices parties of its intention to seal the record within 30 days of the second anniversary of the successful completion of the program.	The record is expunged upon the completion of probation, absent a finding of good cause.	There is no waiting period.	The petition can be filed at any time after sentence completion.	The petition can be filed five years after the sentence is completed or the commencement of a successfully completed indeterminate term of probation.	The petition can be filed 10 years after sentence completion.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There are no fees.	There is no statutory language regarding fees.	All fees must be paid unless waived by the court. 13 V.S.A. § 7609(a).	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	Part or all of the fee can be waived if the court finds that the person is unable to pay it. 32 V.S.A. § 1431(e),(h).
Effect	If the court grants the motion to destroy records, it will order the official juvenile court record, the social file, and any other records named in the order to be destroyed. Wash. Rev. Code § 13.50.270(3)(b).	If the court grants the motion to destroy records, it will order the destruction of the official juvenile court record, the social file, and any other records named in the order. Wash. Rev. Code § 13.50.270(3)(b).	For the specific effect, see Wash. Rev. Code § 13.50.270.	If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3). Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3). Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	If the petition is granted, the juvenile court record will order the official juvenile court record, the social file, and other records relating to the case as are named in the order sealed. Wash. Rev. Code § 13.50.260(3). Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11).	The criminal history data is deleted from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries. Wash. Rev. Code § 10.97.060.	Criminal history data is deleted from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries. Wash. Rev. Code § 10.97.060.	The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).	The files and court records are sealed. 33 V.S.A. § 5119(h)(2). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). The sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).	The record is expunged; the court, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such individual. 13 V.S.A. § 7609(a).	The proceeding is considered never to have occurred. 3 V.S.A. § 164(h).	The proceeding is considered never to have occurred. 3 V.S.A. § 164(h).	All records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the deferred sentence are expunged. 13 V.S.A. § 7041(e).	The conviction is vacated and the court strikes the adjudication of guilt and expunges the record of the criminal proceeding. 13 V.S.A. § 2658(d)(2).	The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications cannot require information about expunged records. 13 V.S.A. §§ 7606(a), (b). For the specific effects of expungement, see 13 V.S.A. § 7606.	The record is expunged; the person shall be treated in all respects as if he or she had never been convicted or adjudicated of the violation. See 23 V.S.A. § 2303(b).	The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The court can grant the petition and order the record expunged or sealed, depending on the age of the petitioner at the time of the offense and what remedy better serves the interests of justice. 13 V.S.A. § 7602(c). For the specific effects of sealing and expungement, see 13 V.S.A. §§ 7606, 7607.
Remedy	Delete	Delete	Delete	Seal	Seal	Seal	Seal	Seal	Delete	Delete	Expunge	Seal	Expunge	Expunge	Expunge	Seal	Vacate	Seal	Expunge	Seal

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.