In April 2026, the Washington Supreme Court changed how felony vacate requests work. If you want to clear a felony from your record, meeting the waiting period and staying out of trouble may no longer be enough. You now also have to show the judge that you have been rehabilitated.
What It Means to Vacate a Felony in Washington
Washington’s felony vacate law lets some people ask the judge who sentenced them to clear an old felony conviction. If the judge agrees, the conviction is set aside and the case is dismissed.
After that, you can generally say you have never been convicted of that crime, including on job applications. The State Patrol also can’t share the vacated record with the public.
Not every felony qualifies. You must have finished your sentence, have no pending charges, and wait 5 or 10 years depending on the type of felony, with no new convictions during that time. Most violent offenses, and felony DUI, can’t be vacated at all.
What the Court Decided
The case is State v. Abrams, decided April 30, 2026. The court made two main rulings.
You Must Show Rehabilitation
The court held that a person asking to vacate a felony must present evidence of rehabilitation. The law says the judge “may” clear the record, and the court read that as giving the judge full discretion to say yes or no. Because of that, the court said, the judge needs evidence that you have turned your life around before deciding whether to grant the request.
The court built on its earlier decision in State v. Hawkins (2022). Hawkins said judges must take rehabilitation evidence into account when a person offers it. Abrams goes a step further and says the person has to offer it.
Not every justice agreed. A dissent argued that the legislature never added a rehabilitation requirement and that the court was adding one on its own.
The Waiting Period Starts After You Are Released on All Cases
The court also held that the waiting period doesn’t start until you have been released from custody on all of your cases, not just the one you want to clear. In this case, the man was still in prison on a separate, more serious conviction, so he couldn’t vacate his older convictions.
What This Means for You
If you want to vacate a felony in Washington, the paperwork alone may not be enough. The judge will want to see more than the fact that time has passed. A request that only shows you met the basic requirements may now be denied.
The judge still makes the final decision, and no attorney can promise a result.
Does This Change Misdemeanor Vacates?
The Abrams case was about felonies. Misdemeanors and gross misdemeanors are handled under a separate law, which also leaves the final decision to the judge. Some convictions, like a DUI, still can’t be vacated at all. Learn more in our articles on vacating a DUI and vacating a reckless or negligent driving conviction.
Could the Legislature Change This?
The decision interprets the current law. The legislature could change the statute in a future session, but as of now, the court’s ruling applies.
Talk to a Washington Attorney About Your Record
Every case is different. Kris Carrasco can review your record and explain whether vacating a conviction is an option for you.