How Much Does It Cost to Vacate a Criminal Record in Washington State: Attorney Fees & Court Costs
In Washington State, there are no court filing fees to vacate most criminal records. However, hiring a local lawyer, obtaining your criminal history, and fingerprinting usually total between $1,500 and $3,500 depending on the complexity of your case.
A past criminal mistake can make finding a good job, renting an apartment, or getting a loan incredibly difficult. Fortunately, Washington State offers a legal process known as 'vacating' a record, which effectively clears the conviction from your public background check. For residents in Seattle, Spokane, and Tacoma, one of the first questions that comes to mind is: how much is this going to cost?
While the state itself does not heavily tax you to clean up your record, navigating the paperwork alone can lead to costly mistakes and delays. Many individuals choose to hire a legal professional to ensure the process goes smoothly. Below, we break down the financial investment required to get your fresh start. If you are ready to move forward, we recommend using our directory to connect with a knowledgeable local attorney who can guide you through the process.
Step-by-Step Breakdown of Costs in Washington State
Vacating a conviction involves gathering official documents, serving the prosecutor, and presenting a motion to a judge. Here is where you can expect to spend money along the way.
Costs for Misdemeanor vs. Felony Vacates
The cost of hiring a lawyer largely depends on the severity of the crime. Misdemeanor convictions, such as simple assault or third-degree theft, are typically handled in local district or municipal courts like the Seattle Municipal Court, Seattle. Attorney retainers for misdemeanors generally range from $1,000 to $2,000 because the paperwork is more standardized.
Hidden Costs of Fingerprinting and WATCH Reports
Before any attorney can file a motion, you must provide proof of your criminal history. You will need to obtain a Washington State Patrol background check, commonly known as a WATCH report. You do this by submitting Form 3000-240-569, Washington, Washington State Patrol, Request for Conviction Criminal History Record to the Washington State Patrol, Olympia. This report currently costs about $11 online. Additionally, you may need to submit official fingerprint cards to prove you do not have convictions in other states, which generally costs $20 to $50 at your local police station.
Pro Bono or Legal Aid Alternatives for Low-Income Residents
If you cannot afford an attorney, Washington State has options. Organizations like the Northwest Justice Project, Seattle or local county volunteer lawyer programs offer free or reduced-cost legal assistance to low-income individuals looking to clear their records. Keep in mind that these organizations often have long waiting lists, so the process may take longer than hiring private counsel.
Indigent Fee Waivers (GR 34)
While Washington removed the standard filing fees for motions to vacate, you may still encounter small administrative fees for requesting certified copies of your original judgment and sentence from the court clerk. If you are low-income, you can avoid these costs by filing under Wash. Gen. Rule 34. This rule allows you to ask the court to waive all administrative fees. You must submit a Form WPF GR 34.0100, Washington, Administrative Office of the Courts, Motion and Declaration for Waiver of Civil Fees and Surcharges, showing your income and expenses to prove you meet the state's poverty guidelines.
Average Estimated Expenses
To give you a clearer picture, here is a general breakdown of the potential costs involved in vacating a record in Washington.
| Expense Type | Estimated Cost (USD) | Description |
|---|---|---|
| Court Filing Fee | $0 | Filing a motion to vacate is generally free across the state. |
| WSP WATCH Report | $11 | Required official background check from the State Patrol. |
| Fingerprinting | $20 - $50 | Often required if the court needs a national background check. |
| Certified Court Records | $15 - $30 | Purchasing your original conviction documents from the court clerk. |
| Attorney Retainer | $1,500 - $3,500 | The fee paid to a private lawyer to handle the entire case. |
Frequently Asked Questions (FAQ)
Do I still have to pay my old fines before vacating?
Generally, you must satisfy your Legal Financial Obligations (LFOs) to be eligible. However, under Washington legal financial obligation reforms, including Wash. Rev. Code § 10.01.160, indigent individuals can petition the court to remit, waive, or reduce discretionary court costs, fees, and accrued interest. Once the court grants an order waiving those obligations, they are considered satisfied, allowing you to proceed with vacating the conviction under Wash. Rev. Code § 9.94A.640 or Wash. Rev. Code § 9.96.060, provided any mandatory victim restitution is paid.
Are attorney fees refundable if the judge says no?
Usually, no. Attorney fees cover the time and effort spent preparing and arguing your case. However, an experienced attorney will generally only take your case if they believe you meet all statutory requirements to win.
What is the difference between sealing and vacating a record?
Vacating a conviction legally removes the guilty finding, allowing you to say you were not convicted. Sealing a record physically removes the court file from public access, but it is much harder to achieve in Washington than vacating.
Can a vacated record still show up on background checks?
Once vacated, the Washington State Patrol removes it from public WATCH reports. However, private background check companies may take a few months to update their databases, and federal agencies may still be able to see the original record.
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