How to Vacate a Conviction in Tacoma, WA: Clearing Your Criminal Record After Sentence Completion

Just because you’ve served your sentence doesn’t mean the punishment is over. Criminal convictions—especially for gross misdemeanors and felonies—can follow you long after probation or jail time ends. They may appear on background checks, limit your ability to secure employment or housing, and impact your right to own a firearm.

The good news? Many convictions in Washington can be vacated, giving you a second chance at a clean slate.

At Smith & White, PLLC, we help clients in Tacoma and across Washington vacate eligible convictions and move forward with confidence. This process—sometimes informally called “expungement”—is one of the most effective forms of post-conviction relief available under Washington law.

What Does It Mean to Vacate a Conviction in Washington?

To vacate a conviction means that the court withdraws your guilty plea or verdict, dismisses the charge, and updates your record to reflect that you were not convicted. While the original arrest may still appear in some limited databases, the conviction itself will no longer show up as a criminal record.

Vacating a conviction is not automatic—you must petition the court and meet specific eligibility criteria. Our attorneys can review your case and prepare a petition that gives you the best possible chance of success.

Why Vacating a Conviction Matters

Serving your time is only part of the story. Even years later, a conviction can limit your ability to live freely, work fully, and travel internationally. Employers, landlords, and immigration officials can—and often do—use your criminal record against you.

Vacating a conviction in Washington means the court officially withdraws the guilty finding and dismisses the case. It removes the conviction from your public criminal record, making it easier to:

Pass background checks for employment or housing
To Start the Process of Regaining firearm rights (when eligible)
Travel internationally–Although you should contact the relevant countries immigration attorneys to confirm.
Reduce social stigma
Move forward without being legally labeled a convicted criminal

Whether your conviction happened recently or years ago, we can help you determine if you qualify to vacate your record—especially if your case involved a non-violent offense, you’ve remained conviction-free since, or if the underlying law has changed since your conviction.

What Convictions Can Be Vacated in Washington?

Washington law allows people to vacate certain misdemeanor and felony convictions if they meet eligibility requirements. Here are the most common scenarios:

Misdemeanor Convictions

Under RCW 9.96.060, many gross misdemeanors and misdemeanors can be vacated, including:

DUI reductions (e.g., Negligent Driving 1st Degree)
Assault in the 4th Degree (DV, in limited circumstances)
Theft
Driving While License Suspended (DWLS)
Disorderly conduct

Exceptions: Certain crimes—including DUI, sex offenses, and crimes involving minors—are not eligible for vacatur.

Felony Convictions

Under RCW 9.94A.640, eligible Class B and C felonies can be vacated, such as:

Theft in the 2nd or 3rd Degree
Drug possession or delivery charges (prior to Blake decision reform)
Burglary in the 2nd Degree
Malicious Mischief in the 2nd Degree

Felony vacate eligibility depends on:

Time since sentence completion (typically 5–10 years)
No new criminal convictions during the waiting period
Full payment of all court fines and restitution
No pending charges or active supervision

Some crimes—such as Class A felonies, violent offenses, and certain sexual offenses—are not eligible to be vacated.

Do You Handle Appeals or Habeas Corpus?

No. Smith & White does not provide services for:

Direct appeals
Petitions for review
Habeas corpus actions in state or federal court

If your case involves an ongoing appeal or you are pursuing federal habeas relief, you will need a lawyer who focuses on appellate or federal post-conviction litigation.

However, once your appeals are over and you’ve completed your sentence, we can help you explore vacating your Washington conviction if you meet the eligibility criteria.

Can I Vacate More Than One Conviction?

Yes—but it depends on the circumstances.

Washington law generally allows one vacate petition per case, not per charge. If you have multiple convictions across different cases, you may need to file separate petitions for each. Our attorneys can evaluate your full criminal history and advise you on what can be vacated and what cannot.

Be aware: Having multiple convictions may disqualify you from vacating certain offenses, depending on the timing and type of the crimes.

What About Restoring Firearm Rights?

Vacating a conviction does not automatically restore your right to possess firearms, but it is often the first step in that process. Restoration typically requires a separate petition, which we can also handle—provided you meet the waiting period and eligibility rules under RCW 9.41.040 and RCW 9.41.047.

How Long Do I Have to Wait?

Waiting periods vary depending on the conviction type. In general:

Misdemeanors: You must wait 3 years after completing all court-ordered obligations, including probation and payment of legal financial obligations (LFOs).
Felonies:
- Class C Felony: 5-year waiting period.
- Class B Felony: 10-year waiting period.

These timelines start after completing all terms of sentence, not from the date of conviction. If you have new charges, active warrants, or unpaid fines, your waiting period may be delayed.

Realistic Example: Vacating a Domestic Violence Charge

A man in Pierce County was convicted of fourth-degree assault (DV) after a family argument. He completed probation, paid fines, and stayed out of trouble for 5 years. He struggled to pass background checks for housing and was denied a security clearance due to the conviction.

We reviewed his case and found that:

He had no other convictions.
He completed all conditions of his sentence.
Enough time had passed under RCW 9.96.060.

We successfully filed a motion to vacate his conviction. The court granted it, allowing him to move forward without that conviction haunting his record.

Common Misconceptions About Expungement and Vacate Law in Washington

Expungement and vacation are often used interchangeably, but Washington law primarily uses “vacate” to describe this form of relief.
A vacated conviction is not erased, but is removed from public criminal record checks.
Not every case is eligible—this is not automatic and requires a court order.
Juvenile cases follow different sealing procedures and timelines.

Call our Tacoma Attorneys to Vacate Your Washington Conviction

If you’re ready to move forward and clean up your criminal record, we’re here to help. Our Tacoma vacate attorneys know how to navigate the process, file proper petitions, and represent you in court if necessary.

We do not handle appeals—but once your case is closed and you’ve completed your sentence, vacating your conviction may be possible.

Ready to clear your record? Don’t navigate the system alone—call the Law Offices of Smith & White today at (253) 203-1645 for a free consultation.