Vacating Criminal History & Reentry Resources

“How do I get a criminal conviction removed from my record?” This is a frequently asked question at the Washington State Law Library, and it can be a complicated one to answer. The process of removing a conviction from a person’s criminal record is known as expungement, and it varies state-by-state, as well as by offense. In addition, there is a separate process for sealing juvenile court records.

As librarians, we can’t give legal advice*, but we can suggest resources that may help you find the answers you’re looking for. Here are a few of the great, Washington-specific resources our librarians often point patrons to:

· Washington Courts’ “Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records in Washington State” was updated in June 2021. The brochure provides background information on sealing and destroying both adult and juvenile court records; contains a glossary of terms; and links to relevant statutes, regulations, and court rules. Additionally, it provides specific background on the differences between vacating misdemeanors and felonies, and the effects of vacating adult convictions or sealing juvenile records.

· Washington LawHelp is a self-help legal website written for non-lawyers. The site’s “Re-Entry, Criminal Records, LFO/Fines: Criminal Records” page links to general information, several guides on vacating criminal convictions, and an interactive forms tool for sealing juvenile records. Popular guides include: “Get Misdemeanor Convictions off Your Criminal Record” and “Criminal History/Records: Vacating Non-Violent Class B or C Felony Convictions.”

· Washington Courts has a number of pattern forms for use in vacating/sealing criminal records. Many counties also have specific forms or rules related to vacating criminal charges. Local court rules are also available on the Washington Courts website.

· The ACLU of Washington’s guide, “Getting and Reading Criminal History Reports in Washington” answers many basic, preliminary questions such as “How do I know if I have a criminal record?” and how to get a copy of your criminal history report. This guide also addresses how to fix inaccurate information on a Washington Criminal History (WATCH) report, and what to do if you think you’ve been the victim of identity theft.

· Background on deleting non-conviction criminal record information can be found on the Washington State Patrol Criminal History Records website.

· The National Reentry Resource Center brings together reentry materials from across the country, and includes a directory of reentry organizations for each state. See Washington’s here.

· Washington Appleseed’s Reentry Guide answers many commonly asked questions about reentry, from vacating criminal records and employment, to getting identification and family law.

We are often asked how someone can get criminal charges off of a pre-employment background check. The Washington State Office of the Attorney General provides information on the use of criminal record information in job hiring at their website. While vacating or sealing a criminal record should remove convictions from a background check, it isn’t always that simple.

Copies of criminal records are available in many private and public databases, and private background checking companies look at a variety of them when pulling together background checks. If information hasn’t been removed, or the background checking company looks at an older version of a database, vacated records can, unfortunately, show up. The ACLU of Washington’s guide, “Criminal Records and Employment in Washington State,” addresses this and other issues.

Please consult our blog post on Washington’s New Hope Act for 2019 changes to the law regarding obtaining certificates of discharge and vacating conviction records. (EK & SC)

* This blog post is intended for informational purposes only, and not for the purpose of providing legal advice.