When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Washington State, expungement of a criminal record, also known as vacating a conviction, allows for the removal of certain criminal records from public view. However, not all crimes are eligible for expungement. Generally, non-violent offenses, such as some misdemeanors and felonies, may be vacated if the individual meets specific criteria, which often include completing all terms of the sentence, waiting for a statutorily defined period without new criminal offenses, and not having certain types of criminal histories. Violent offenses and sex crimes are typically not eligible for expungement. Juvenile records can be sealed or destroyed under certain conditions, and the eligibility criteria are different from those for adults. The process of expungement in Washington is governed by state statutes found in the Revised Code of Washington (RCW). It's important to note that even if a record is expunged, it may still be accessible to some government agencies, and expunged convictions can sometimes be considered in subsequent criminal sentencing. An attorney can provide guidance on the eligibility for expungement and assist with the process.