Vacating Conviction Record Steps

WHERE DO I APPLY TO HAVE MY CONVICTION VACATED?
You must apply at the court where you were convicted.

HOW DO I APPLY TO HAVE MY CONVICTION VACATED?
Please review the following documents:


Please fill out the applicable form completely:
Any missing information may cause delay. If you fail to disclose or state in the attached declaration that you have no convictions for a domestic violence offense and the criminal history reveals that you were so convicted your request will be denied.


HOW AND WHERE DO I FILE MY MOTION TO VACATE?
You will need to have 2 copies of the Motion and Declaration for Order Vacating Conviction.
  1. One copy will be left with the Receptionist at the Spokane County Prosecutor’s Office. (This office is right beside the District Court Clerk’s Office.)
  2. Have the Receptionist at the Prosecutor’s Office “Copy Receive” stamp the original that you will file with the Court. (This will be proof that you filed the documents with the Prosecutor’s Office. The Prosecutor will be present at your hearing and must have notice and an opportunity to be heard at your motion to vacate.)
  3. Bring the completed forms to Spokane County District Court Clerk’s Office at: 1100 W. Mallon Avenue, Public Safety Building, Spokane WA. Hours: Monday - Friday, 8:30 AM to 5:00 PM
  4. The Clerk’s Office will set your matter for a hearing. You must appear at this hearing. (Please note – these hearings are typically part of a much larger docket so your case may not be heard for 2 to 3 hours after the case is called.)
WHAT HAPPENS AFTER THE MOTION HEARING?
If your request to vacate your criminal conviction is granted you will receive a signed order. Keep this order with your other important records. The court will notify the arresting agency and the Washington State Patrol that your conviction has been vacated. The Washington State Patrol will notify the Federal Bureau of Investigation to remove the conviction from your criminal history. You can state that you have never been convicted of this offense for employment or housing purposes. However, if you are charged with another crime, the prosecutor may use this past conviction in the case against you.

HOW SOON WILL MY CONVICTION BE VACATED?
We suggest that you contact the Washington State Patrol 90 days after the order for vacation is granted for a copy of your criminal history. Washington State Patrol office is located:

Headquarters
Identification and Criminal History Section
Washington State Patrol
P.O. Box 42633
Olympia, Washington 98504-2633
(360) 534-2000