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Vacating Conviction and Expungement/Deletion of Non-Conviction Records

Court records are maintained by the clerk of each separate court.  A court can only address requests made concerning records of cases filed in that court.  If you were charged with crimes in several different courts, you will need to make your request to eash separate court.

Whether a court record of conviction may be vacated depends upon the type of conviction and the court where the conviction was obtained.

The vacating of a court record does not necessarily change or delete the records maintained by law enforcement agencies, the Department of Licensing or other government agencies.  Requests to change or delete records maintained by other agencies should be made to that agency.

RCW Chapter 9.96 authorizes the court to vacate misdemeanor and gross misdemeanor convictions.  You may request by motion that the court vacate your conviction if at lease three(3) years have elasped since completion of your sentence, including any period of probation and payment of fines or for domestic violence cases, five (5) years and:

  • You have no pending criminal charges or new convictions.
  • Your offense was not violent as defined by RCW 9.94A.030 or attempt at such an offense.
  • The offense did not invole driving while intoxicated or a related offense.
  • The offense was not a sex offense.
  • You have satisfied all conditions of your sentence.
  • You have not had another conviction vacated.
  • You have not been the subject of a protection, no-contact or restraining order within the last five years.

PROCEDURE TO VACATE 

To request to vacate your conviction in Lynnwood Municipal Court, you must complete and file with the court the Notice of Motion and the Motion and Declaration.  The court staff will schedule you for a hearing to appear before the Judge to petition the court to vacate the conviction.

 

 PROCEDURE TO EXPUNGEMENT/DELETION OF NON-CONVICTION RECORDS

You may request deletion or expungement of the Criminal History Record Information in the WSP if:

  1. The file consists only of non-conviction data;
  2. You are not under prosecution and you have not been arrested for or charged with a new crime;
  3. Two years or longer has lapsed since the record became non-conviction data as a result of the entry of a disposition favorable to you;
  4. Three years or longer have lapsed from the date of arrest or filing of charges and you are not a fugitive and the case is not still pending in court.