Expunging a Felony in Washington State
RCW 9.94A.640 controls the expungement of a felony in Washington state. These rules only apply to adult convictions. Juvenile convictions are controlled by a different statute. The rules are slightly different depending on if the conviction is for a class B felony or a class C felony.
What are the rules for expunging a felony in Washington?
A felony conviction can be expunged in Washington so long as the following requirements are met:
- If your conviction is for a class C felony, you must wait five years from when you were sentenced, released from confinement, or released from Department of Corrections supervision, whichever happened last. You must also have no convictions of any kind in the immediate five years prior to applying for expungement.
- If your conviction is for a class B felony, you must wait ten years from when you were sentenced, released from confinement, or released from Department of Corrections supervision, whichever happened last. You must also have no convictions of any kind in the immediate ten years prior to applying for expungement.
- You must have completed all the conditions of your sentence. This includes all evaluation and follow up treatment programs, community service, and legal financial obligations.
- There are no pending charges against you anywhere.
What types of felonies cannot be expunged?
- Class A felonies, and attempt, conspiracy, or solicitation to commit a class A felony.
- Felony DUI and physical control.
- “Violent offenses” as defined in RCW 9.94A.030 and “crimes against children or other persons” as defined in RCW 43.43.830.
- However, although robbery 2, assault 2, and assault 3 are included in these definitions, they can be expunged so long as those offenses did not come with a firearm enhancement, deadly weapon enhancement, or sexual motivation enhancement. Assault 3 also cannot be committed against a law enforcement officer.
How do I know what class of felony I have?
You can look at your sentencing document called the Judgment & Sentence. It will list the maximum term of imprisonment available. If it states five years, it is a class C felony and if it says ten years, it is a class B felony.
A non-exhaustive list of the most common class B felonies is: residential burglary, burglary 2, possession of stolen property 1, trafficking in stolen property 1, theft 1, theft of a firearm, theft of a motor vehicle, possession of a stolen vehicle, assault 2, robbery 2, malicious mischief 1, and unlawful possession of a firearm 1. An attempt to commit a class B felony is a class C felony.
A non-exhaustive list of the most common class C felonies is: possession of stolen property 2, trafficking in stolen property 2, theft 2, forgery, assault 3, malicious mischief 2, and unlawful possession of a firearm 2.
Controlled substance felonies may be class B or class C depending on the type of controlled substance and whether it’s possession, manufacture, or delivery.
While these eligibility requirements may seem simple, they are not. Classifications of crimes can change over time, tracking down completion of sentence proof can be complicated, and court rulings may impact these requirements. Call 253-905-8415 or fill out the contact form for a personalized analysis of your eligibility from the leading Washington state gun rights and expungement lawyer.
