A misdemeanor conviction in Washington does not automatically disappear after a set number of years. Unlike some states that have automatic expungement timelines, Washington requires you to take action to get a conviction off your record, and the process is called vacation. Until you do that, the conviction stays.
Misdemeanors Stay on Your Record Until Vacated
Washington has no automatic sealing or expungement for misdemeanor convictions. If you were convicted of a misdemeanor, it will show up on background checks indefinitely unless you successfully petition the court to vacate the conviction. This includes employers, landlords, and licensing boards who run criminal history checks.
A charge that was dismissed or resulted in a not guilty verdict is different. Those generally do not appear as convictions, though arrest records may still show up in some databases. The concern here is actual convictions, including cases where you took a deferred sentence and later had the charge dismissed.
Washington's Vacation Process
To vacate a misdemeanor conviction in Washington, you must meet certain eligibility requirements. Generally, you need to have completed all the terms of your sentence, including any probation, fines, and community service. You must also have no new criminal charges or convictions pending. For most misdemeanors, there is a three-year waiting period after completing your sentence before you can petition.
The petition is filed in the court where the original conviction occurred. A judge reviews it, and the prosecution has an opportunity to object. If granted, the conviction is removed from your criminal record, and you can legally say you have not been convicted of that offense in most contexts.
What Vacation Actually Does
Vacation of a conviction in Washington withdraws the guilty plea or verdict and dismisses the charges. For most purposes, including employment applications and housing, you can answer no when asked whether you have been convicted. However, vacation is not total erasure. Certain agencies, including law enforcement and some licensing boards, can still see the vacated record. It also cannot be used if you are later charged with a new crime, where prior criminal history may still be considered.
The practical impact is significant for most people. Getting a misdemeanor vacated can open doors to jobs, housing, and professional licenses that the conviction was blocking.
Why DUI Is Different
Washington law specifically prohibits vacating DUI and physical control convictions. No matter how much time has passed or how clean your record has been since, a DUI conviction in Washington cannot be vacated under current law. This makes fighting the original charge the most important opportunity you have. A conviction that sticks is a conviction that stays.
If you are facing a DUI charge in Kittitas or Yakima County, the permanence of a conviction is one more reason to take the case seriously from the beginning and get experienced legal help before accepting any outcome.