Legal Question in Criminal Law in Washington

Re: Removal of felony from past.

There are limits to what can be accomplished in "clearing" your prior criminal record.

It is exceptionally difficult to totally destroy your record of conviction, i.e. court file and law enforcement records. If you meet the eligibility requirements, you may be able to vacate the record of conviction and possibly have the court file sealed. Such motions must be filed in the court where the case was prosecuted.

Once a conviction is vacated, you can state for all purposes that you have not been convicted of the offense; however, the court file is still accessible to the public. Sealing the file would keep limit the information available to the public to the fact that you were charged with a criminal offense (note that criminal cases are only filed in superior court when a felony charge is involved).

A judge will grant a request to seal when the defendant is able to demonstrate that the need for sealing outweighs the pubic's right to access criminal records. The decision to seal or vacate is discretionary.

These days, anyone can access information regarding criminal court records online (information available depends on a number of factors).

Be advised that there are businesses that collect criminal history directly from court records. These companies are not a party to a motion to vacate or seal.

If your desire to "remove your felony" is for the purpose of exercising your civil rights or possessing firearm, then you need other forms of relief rather than vacating or sealing the conviction.