Expungement Blog

Legislature Considers Opportunity to Vacate DUI Convictions

Posted by Ryan Robertson on Jan 21, 2025 | 0 Comments

The Washington Legislature is back in session and is considering a significant change to the vacate law.  Current vacate law states that you cannot vacate a gross misdemeanor DUI or Physical Control conviction.  However, if HB1101 passes, that could change.  If it passes, it could go into effect later this year.

HB (“House Bill”) 1101 proposes to give judges discretion to vacate a gross misdemeanor DUI or Physical Control conviction. (This change would not apply to felony DUI or Physical Control.)  A person would qualify to vacate the conviction if they have no alcohol or drug related traffic convictions within five years of the date of conviction and they have completed all terms of sentence.  Interestingly, the proposed law would not apply any other criteria to the vacate application that exists in the vacate law for other types of conviction records.

This change in law would also apply to “prior offense” convictions.  Under current law, a DUI or Physical Control charge reduced to Negligent Driving first degree or Reckless Driving may be vacated once ten years have passed from the date of arrest.  This requirement would go away, and these types of convictions could be vacated as soon as five years after the date of conviction as well.

There is a catch.  A vacated DUI, Physical Control, or “prior offense” conviction would still apply to sentencing for any future gross misdemeanor DUI or Physical Control conviction, or felony DUI or Physical Control conviction, for a fifteen year period of time.  This means future DUI convictions could result in enhanced penalties.  Further, a vacated conviction would apply to any future vehicular homicide without any time limitations.  This would also result in enhanced penalties.

As always, any request to vacate contains an element of judicial discretion.  This means the judge can deny the request even if the applicant meets the statutory criteria.  The judge must consider a person's post-conviction rehabilitation to exercise discretion.  Please review our prior blog regarding judicial discretion for vacating conviction records.

HB1101 proposes a significant change to the vacate law.  Right now, this is only a proposed change, and a lot can happen during the course of the legislative session to either enhance or kill the bill.  I expect this bill to receive a lot of scrutiny.  I will write future blog entries to update the status of this bill as it advances through the legislative session.

               The Washington Legislature makes frequent changes to the vacate laws, and these changes can be confusing.  Robertson Law stays on top of these changes, and we are here to help you navigate your case to a successful conclusion.  Please call or email Robertson Law with any questions you may have about your case.

About the Author

Ryan Robertson

Ryan is a creative and articulate advocate who limits his practice to criminal appeals and post-conviction relief including vacation, expungement, and sealing of records. He has worked exclusively in the criminal defense field since passing the Washington State bar exam in 1998. Ryan has been recognized as a Rising Star lawyer by Law & Politics Magazine.

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Ryan Robertson's practice focuses exclusively on high-quality creative appellate representation in criminal and administrative matters, as well as expungements, vacation of records, and petitions to seal.