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| Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | |
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| Clearance policy overview | 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). | 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 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 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 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 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 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 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 conviction for a misdemeanor or gross misdemeanor can be vacated by the court three years after sentence completion, so long as the petitioner meets the specified criteria. Wash. Rev. Code § 9.96.060(1), (2). | Records relating to a conviction for a misdemeanor or gross misdemeanor relating to domestic violence can be vacated by the court five years after sentence completion, so long as the petitioner meets the specified criteria. Wash. Rev. Code § 9.96.060(2)(e). | Records relating to a conviction relating to fishing activities that occurred prior to January 1, 1975, can be vacated by the court if the person convicted claims to have been exercising a treaty Indian fishing right. If the person is deceased, a family member or official representative of the tribe can file the petition. Wash. Rev. Code § 9.96.060(4). | Records relating to a conviction for a Class B felony can be vacated after 10 years, so long as the petitioner meets the specified criteria. Wash. Rev. Code §§ 9.94A.640(1), (2), 9.94A.637. | Records relating to a conviction for certain Class C felonies can be vacated after five years, so long as the petitioner meets the specified criteria. Wash. Rev. Code §§ 9.94A.640(1), (2), 9.94A.637. | Records relating to a misdemeanor marijuana offense committed at age 21 or older are vacated upon application to the sentencing court. RCW § 9.96.060(5). | Records relating to a conviction for being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence can be vacated by the court immediately, so long as the petitioner meets the specified criteria. Rev. Code Wash. (ARCW) §9.94A.640(3). | A record relating to the successful completion of a deferred disposition that was dismissed and vacated as of June 7, 2012, or later will be sealed so long as the person is 18 years of age or older and the full amount of restitution has been paid. Wash. Rev. Code §13.40.127(10)(a)(i). | A record relating to the successful completion of a deferred disposition that was dismissed and vacated prior to June 7, 2012, will be sealed upon petition to the court if restitution has been paid and the person is 18 years old or older. Wash. Rev. Code §13.50.260(4)(c). | Records relating to a case terminated upon the completion of a suspended sentence can be vacated by the court if the person has met the equivalent of the tests in section 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984. Wash. Rev. Code § 9.92.066. | Records relating to a case dismissed upon the successful completion of probation can be vacated by the court if the petitioner has met the equivalent of the tests in section 9.94A.640(2) as those tests would be applied to a person convicted of a crime before July 1, 1984. Wash. Rev. Code § 9.95.240. | If a person convicted of violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a substance use disorder program and files proof of completion with the court, or obtains an assessment from a recovery navigator program, an arrest and jail alternative program, or a law enforcement assisted diversion program, and has six months of substantial compliance with recommended treatment, the court must vacate the conviction or convictions. |
| Ineligible Category or Citation | 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). | The dismissal of a deferred disposition under RCW 13.40.127 is ineligible. | 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 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 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 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). | There is no statutory language regarding ineligible offenses. | 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). | See Wash. Rev. Code § 9.96.060(2) for offenses ineligible to be vacated. | This provision applies only to the misdemeanor or gross misdemeanor offenses described in Wash. Rev. Code § 9.96.060(2)(e). | This section applies only to fishing activities. Wash. Rev. Code § 9.96.060(4). | See Wash. Rev. Code §§ 9.94A.640(2) for offenses that are ineligible to be vacated. | See section Rev. Code Wash. (ARCW) §9.94A.640(2) for offenses that are ineligible to be vacated. | There is no statutory language on ineligibility. | Certain offenses are not eligible to be vacated. Rev. Code Wash. (ARCW) §9.94A.640 | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | See Wash. Rev. Code § 9.92.060. and 9.95.210 for offenses eligible for suspended sentence. See Wash. Rev. Code § 9.92.064(2). for offenses that are ineligible to be vacated. | This provision does not apply to chapter 18.130. Wash. Rev. Code § 9.95.240(e). See section 9.94A.640(2) for offenses that are not eligible to be vacated. | This section applies only to violations under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c). |
| Clearance Process | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | 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 court should immediately seal the record upon acquittal or dismissal. | 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 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 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 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 any time after the person turns 18 and two years have elapsed since completion of the agreement or counsel and release. | The petition can be filed any time after the person turns 23. | The petition can be filed three years after sentence completion. | The petition can be filed five years after sentence completion. | There is no statutory language regarding any waiting period. | The petition can be filed 10 years after release from community custody, release from confinement, or sentencing, whichever was latest. | The petition can be filed five years after release from community custody, release from confinement, or sentencing, whichever was latest. | There is no waiting period. | There is no waiting period. | The record should be sealed when the matter is dismissed and vacated if the person is 18 or older and all restitution has been paid. If the person is under 18, the court should set an administrative hearing to seal the matter no later than 30 days after the person's 18th birthday. | The petition can be filed if the person is 18 or older. | There is no statutory language regarding any waiting period. | The petition can be filed after the period of probation has expired. | There is a 6-month waiting period. |
| 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 fee. | There is no fee. | There is no fee. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language on fees. | There is no fee. | 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. |
| Effect | 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). | 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). | For the specific effect, see Wash. Rev. Code § 13.50.270. | 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). | 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). | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.96.060(5), (6). The court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.96.060(5), (6). Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code §§ 9.96.060(5), (7). Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.94A.640. Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of the crime for all purposes, including questions on employment applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.94.640. Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner may state that he or she has never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies may disseminate information on vacated convictions to other criminal justice agencies. RCW § 9.96.060. | Once the court vacates a record of conviction, 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. Rev. Code Wash. (ARCW) §9.94A.640(4). | 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). | A conviction that has been vacated under this section cannot be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Wash. Rev. Code § 9.92.066(2)(b). | A conviction that has been vacated under this section cannot be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Wash. Rev. Code § 9.95.240(2)(b). | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. The court records may remain available to the public after vacation. |
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