Washington Adult Record Sealing Frequently Asked Questions

What is the difference between "vacating" a case and "sealing" a case in Washington?

Vacating a case simply means the court will set aside the guilty judgment (whether it is a guilty plea or a guilty verdict after a trial) and then dismiss the charges as though they were never brought. You can then legally deny the case ever existed. However, the court records are still open to the public in most instances.

Back to top

Is it easy to seal the court records of a case?

No. Although there are various ways to seal records kept by the Washington State Patrol and local law enforcement agencies, it is very difficult to seal the court records of a case. This is because the Washington Constitution strongly favors open access to court records. If your case was a juvenile case, please view the section of our website regarding juvenile record sealing.

If your case was an adult case, you must show that your privacy concerns outweigh the public’s interest in having access to the court records. Your chances are increased if your conviction was vacated first.

Back to top

If I get my conviction vacated, is that enough to also have the court records sealed?

No. Having the conviction “vacated” is, although helpful, not enough. In a recent case, the Washington Supreme Court ruled that the person must also show a “compelling privacy” interest that is greater than the public’s constitutional right of access to court records. The court must balance the two interests.

Back to top

Will it show up on my background check?

This depends on the type of background check that is conducted, and what “type of sealing” you get. If only Washington State Patrol/law enforcement files are sealed then the case may still show up through searches of court records but not through criminal justice agency searches. If BOTH the law enforcement and court records are sealed, then the offense should not pop up in a background check. It is important to remember also that most employers search the Washington State Patrol records only when looking at your background.

Back to top

Do I have to disclose the conviction after it has been sealed?

No. Once a conviction has been sealed you can legally deny the existence of the case.

Back to top

Can a conviction that has been sealed be used against me in the future?

Yes. A conviction that has been sealed can be used in future prosecutions.

Back to top

Do I need to hire an attorney?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record.

Back to top

Is a court hearing required for record sealing?

Yes, in most of cases.

Back to top

Do I have to go to court?

No. We are licensed attorneys so we go to court for you. If the court requests your presence then we will contact you and if you are unable to attend we will ask for the court to excuse your personal presence.

Back to top

How long does the process take?

Typically the process can take five to six months depending on your particular situation, the court’s workload at the time, and whether there are any objections from the government.

Back to top

Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it sealed.

Back to top

What types of convictions can be sealed?

If you were arrested but not convicted or you received deferred prosecution then we can seal the records of the arrest with the Washington State Patrol and criminal agencies. If the case was a dismissal without deferred prosecution then the Washington State Patrol and arresting agencies shall seal the records. However, if you received deferred prosecution in the case, you have a prior conviction for a felony or gross misdemeanor, or you have been arrested or charged with another crime during the time since the arrest you are trying to seal then the criminal justice agency has the discretion of whether to seal the records. That is why it is important to be familiar with the agencies and present the best possible case to them . You may also seal the court records, but you must file for that separately. In order for the court to seal their records you must prove that it is justified by compelling privacy or safety concerns that are more important than the record staying public.

If you were arrested and received deferred sentence or were convicted then you can seal the court records if you have good cause. Specifically, the court must find that it is justified by compelling privacy or safety concerns that are more important than the record staying public.

Back to top

What is deferred prosecution versus deferred sentence?

It is a condition that the judge gave you for your case. Most the time you have to complete certain requirements and the judge will dismiss the case. If you are not sure if you received either of the two then we can research the case for you for a fee. If you then sign up for a service the fee will apply to the total.

Back to top

Does it matter if I pled guilty or no contest?

No. What matters is the type of offense you have and whether you satisfy the other requirements of the statute. Whether you pled guilty or no contest is irrelevant.

Back to top

What if I want the court records sealed?

The court must find that the sealing is justified by compelling privacy or safety concerns that are more important than the record staying public.

Back to top

What is a compelling privacy or safety concern?

There is no clear cut answer on that definition but you should show more evidence than that it may harm you in the future. For instance, any document that shows you have been harmed in the past will increase your chances. If you would like us to evaluate your case and write an analysis of your chances of success and the argument we will use then we can for a fee. If you then sign up for the service we will apply the fee paid for the analysis to the total cost.

Back to top

What is a court record?

The court records include, but are not limited to, any documents, exhibits, filings, orders, dockets, judgments, or anything else related to the judicial proceeding.

Back to top

What are criminal justice agencies?

Criminal justice agencies include the Washington State Patrol and the arresting agency.

Back to top

Will it help if my case is vacated first?

Yes, it will increase your chances of having your case sealed.

Back to top

Do you have a money back guarantee?

If we are unable to succeed on your case, we give you your money back, except for the fees paid to the court. There is a partial refund if the client does anything to become ineligible after beginning the process. Please view the pricing section for details regarding the money back guarantee.

Back to top

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing section for details regarding the payment plans.

Back to top

How come record sealing is more expensive than expungement?

Because it is much more work.

Back to top

What if I don’t know what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

Back to top

What if I have multiple convictions?

Having multiple convictions will not necessarily make you ineligible to seal a particular conviction. However, if you are applying to seal the Washington State Patrol and criminal justice agencies then they can take the other cases that occur after this case into account when deciding whether to seal this case.

Back to top

What if the police or a prosecutor objects?

Then we will respond to the objections, and we represent you at any hearings.

Back to top

What is the main reason that it is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe you deserve to have the court and/or law enforcement records sealed, or (4) you are otherwise not eligible.

Back to top

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile.

Back to top

Will it relieve me of the requirement to register?

No.

Back to top

How long does it take for the records to be updated?

The court will be the first to update its records. The Washington State Patrol and local law enforcement agencies will update their records once they receive the court order if they are ordered to do so. The Washington State Patrol will also notify the Federal Bureau of Investigation. This typically takes 30 to 45 days.

Back to top

Will this clear my DMV record?

No. Sealing does not affect your DMV record. However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history which never disappears unless you have it expunged or sealed.

Back to top

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you are prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record. This means the Canadian government may have a record of the arrest before it is sealed and they may keep a record of it. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this is that the record of the arrest & conviction will not show up in most cases.

Back to top

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in record sealing could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Back to top

Will it help with immigration?

Yes. The Department of Homeland Security may still be able to view it and consider it when determining your immigration; however, it will increase your chances during the immigration proceedings.

Back to top

Can I clear my federal conviction?

You can only seal certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Back to top

Can I vote after I have my conviction sealed?

In Washington, only convicted felons lose their voting rights. Even then, the voting rights of convicted felons are restored upon their completion of their sentence and receipt of a “certificate of discharge” from the Department of Corrections.

Back to top

Will this restore my right to own a firearm?

No. There is a separate process, with its own separate requirements, that you must go through to restore your gun rights in Washington. Vacating and/or sealing the conviction will not do that. Please take our free eligibility test on our website to see if you are eligible for gun rights restoration.

Back to top