Clearing a Washington criminal conviction — the state calls it “vacating,” not expungement — can run anywhere from about $11 if you qualify and handle every step yourself to $2,500 or more if you hire an attorney for a complicated case. The cost to expunge a record in Washington State depends on three things: whether you need an attorney, which court your case was in, and whether the prosecutor fights your motion. Here is what each piece actually costs, and where you can cut the bill down.
Start With the $11 WATCH Report
The first required spend is pulling your own criminal history. The Washington State Patrol runs the WATCH system (Washington Access to Criminal History), and a name-based search costs $11, paid by debit or credit card, with results returned online immediately.1Washington State Patrol. Criminal History The fee applies whether or not the search turns anything up.2Washington State Patrol. Washington Access to Criminal History (WATCH) Pamphlet
Spend this $11 before you spend anything else. The report confirms what’s actually on your record and lets you check your eligibility against the statutes before paying an attorney for the same information.
A Quick Eligibility Reality Check
No budget matters if the court will deny your motion. Washington permanently bars vacating certain convictions no matter how much time has passed or how much you pay: violent offenses (with narrow exceptions for some second-degree assault, third-degree assault, and second-degree robbery convictions that did not involve a firearm or sexual motivation), DUI and related impaired-driving offenses, sex offenses, and most felony crimes against persons.3Washington State Legislature. Washington Code 9.96.060 – Vacating Records of Conviction for Misdemeanor and Gross Misdemeanor
For eligible convictions, misdemeanors and gross misdemeanors generally require a three-year wait after the later of sentencing, release from confinement, or end of supervision; domestic violence misdemeanors require five years.3Washington State Legislature. Washington Code 9.96.060 – Vacating Records of Conviction for Misdemeanor and Gross Misdemeanor Class C felonies require five years clean since release or sentencing; Class B felonies require ten.4Washington State Legislature. Washington Code 9.94A.640 – Vacation of Offenders Record of Conviction A 2024 change removed the old rule that forced you to wait an additional three years after paying off legal financial obligations — once those are paid and the base waiting period passes, you can file.
Court Filing Fees
Whether you owe a filing fee depends on how your court processes the motion. In many counties the motion is filed into the original criminal case, which carries no new fee. When the court treats it as a new filing, expect roughly $200 in superior court or $55 in district court, though exact amounts vary by county and change over time. Call the clerk’s office in the county where you were convicted and ask before you file.
If paying would be a hardship, request a waiver under General Rule 34. You qualify if you receive public assistance such as TANF, SSI, or food stamps, or if your household income is at or below 125% of the federal poverty guidelines. The court has a standard financial declaration form, and a granted waiver covers all required filing fees and surcharges.5Washington State Courts. Court Forms – General Rule 34 Request for Waiver of Civil Filing Fees and Surcharges The waiver applies only to court fees. It won’t cover the WATCH report or an attorney.
Attorney Fees: The Largest Variable
For most people this is the biggest line item. Lawyers who handle vacating motions in Washington typically charge flat fees rather than hourly. A straightforward single misdemeanor usually starts around $1,000 and can climb above $2,500 depending on the attorney and county. Some lawyers bill hourly at around $200 per hour, and simple cases often take only a couple of hours of actual work.
A standard flat fee usually covers reviewing your criminal history for eligibility, drafting and filing the motion, communicating with the prosecutor’s office, and appearing at the hearing. Ask what’s included before you sign. Some attorneys charge separately for the WATCH report or for serving papers on the prosecutor.
Three things reliably push the fee up:
- Felony convictions involve stricter eligibility rules and closer prosecutor scrutiny, which means more attorney hours.
- Multiple convictions, especially across different counties, multiply the paperwork. Each county needs its own motion filed in that county’s court.
- Prosecutor opposition forces your lawyer to draft a written response and argue a contested hearing, which can add several hours.
A contested felony motion or a case spread across jurisdictions can push total legal fees well past $2,500.
When You May Not Need an Attorney at All
Mandatory Drug Vacates
If you were convicted of a qualifying drug possession or use offense and completed a substance use disorder treatment program, the court must vacate the conviction once you file proof of completion. There’s a second path: get an assessment through a recovery navigator program, arrest and jail alternative program, or law enforcement assisted diversion program, then show six months of substantial compliance with recommended treatment, and the court must vacate upon verification.3Washington State Legislature. Washington Code 9.96.060 – Vacating Records of Conviction for Misdemeanor and Gross Misdemeanor “Must” is doing real work in the statute — the court has no discretion to deny if you meet the requirements. Your out-of-pocket cost can be as low as the $11 WATCH fee plus any filing fee.
Filing on Your Own
Washington’s court system publishes standardized forms and step-by-step instructions for both misdemeanor and felony vacates, including a guided online interview that generates the documents from your answers.6Washington State Courts. Court Forms – Vacating and Sealing Records You still need to pull your WATCH report, complete the motion correctly, serve the prosecutor, and appear at the hearing. Straightforward misdemeanors with clean eligibility are the best DIY candidates. For felonies, multiple convictions, or any eligibility gray area, the money you save isn’t worth a denied motion.
Free and Low-Cost Legal Help
Several Washington organizations assist with vacating convictions at no charge if you qualify by income:
- The Northwest Justice Project runs the statewide CLEAR hotline for low-income residents and can provide advice and referrals.
- The King County Bar Association offers free vacate services to people at or below 200% of the federal poverty level.
- The Lavender Rights Project provides full representation for LGBTQ clients seeking to vacate records.
- Many counties run volunteer lawyer programs or legal clinics with vacate help; Clark and Pierce Counties both have active programs.
Some programs provide full representation; others offer guided self-help where an attorney reviews your paperwork and you handle the rest. The Center for Justice charges a reduced administrative fee as low as $200. Calling your county bar association or the CLEAR line is the fastest way to find what’s available where you live.
Updating Your FBI Record
One cost people miss: the Washington State Patrol updates its own database when a conviction is vacated, but your FBI criminal history does not update automatically.4Washington State Legislature. Washington Code 9.94A.640 – Vacation of Offenders Record of Conviction If you need a clean federal background check for a professional license, federal employment, or immigration, you’ll want to challenge your FBI record. Send a written request with a copy of your vacation order to the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia, or submit it through the FBI’s online portal. The challenge itself is free. Obtaining a copy of your FBI Identity History Summary first, to see what’s actually on file, costs $18.
Don’t Count on a Tax Deduction
The IRS treats legal fees for personal criminal matters as nondeductible personal expenses. That covers attorney fees to vacate a conviction. The only exception is when the underlying charge arose directly out of your business operations, meaning the conduct itself was part of running the business, not merely a charge that affected your career.7Internal Revenue Service. Publication 529 – Miscellaneous Deductions For almost everyone, these costs come out of pocket with no tax relief.
Realistic Budget Scenarios
- DIY misdemeanor with no new filing fee required: as little as $11 for the WATCH report.
- DIY with a filing fee: roughly $55 to $200 on top of WATCH, depending on court level, and the filing fee can be waived under GR 34 if you qualify.
- Attorney-assisted misdemeanor: typically $1,000 to $2,500 total, including the flat fee plus government fees.
- Attorney-assisted felony or multi-county case: $2,500 and up, with contested cases running significantly higher.
- Free legal aid: $11 for WATCH plus any filing fee not covered by a GR 34 waiver, potentially under $75 total.
A simple misdemeanor vacate with clear eligibility is genuinely affordable in Washington. A contested felony case across multiple counties can rival what people paid for the original criminal defense. Either way, the $11 WATCH report is the smartest first expense: it tells you what you’re actually working with before you commit to anything larger.