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If you have completed the terms of your felony sentence, you may be eligible to restore your civil rights through a Certificate of Discharge and subsequently clear your record through a Vacation of Conviction.
The State of Washington does not automatically process these actions. You must file a formal motion with the sentencing court. Below you will find eligibility criteria, official forms, and instructions on how to properly serve our office.
1. Mandatory Service & Contact Instructions
When filing a motion for a Certificate of Discharge or a Vacation of Conviction in Clark County Superior Court, you are legally required to serve the Prosecuting Attorney's Office with a copy of your motion and any supporting documents.
| Service Type | Instructions & Requirements |
| Electronic Service (Preferred) | Send your documents in PDF format to prosecutor@clark.wa.gov. Please include your full name, case number, and the words 'Service of Motion to Vacate/COD' in the subject line. |
| In-Person Service | Deliver physical papers to the front desk at our main office: Clark County Prosecuting Attorney's Office 1013 Franklin Street, Vancouver, WA 98660 Note: You should bring a secondary physical copy of each document. The person working the front desk will date-stamp your copy as 'Received' and hand it back to you for your records. |
| Agreed Orders & Questions | If you are seeking to negotiate an Agreed Order to streamline your court appearance, or if you have questions regarding our position on your motion, please email prosecutor@clark.wa.gov. |
2. Obtaining a Certificate of Discharge (RCW 9.94A.637)
A Certificate of Discharge (COD) is a court order certifying that you have completed all conditions of your sentence. While the court is required to issue this once your obligations are met, it is not always filed automatically.
What a Certificate of Discharge DOES Do:
- Permanently restores your right to vote in Washington.
- Restores your civil right to serve on a jury.
What a Certificate of Discharge DOES NOT Do:
- Does not restore your right to possess firearms or ammunition under state or federal law.
- Does not remove the conviction from your criminal record.
- Does not remove domestic violence restrictions (such as no-contact orders).
- Does not relieve any obligation to register as a sex offender.
Effective Date of Discharge:
The effective date of your discharge will be the latest of the following:
1. 5 years after you complete community custody; OR
2. 5 years after you complete full and partial confinement (if no community custody was ordered); OR
3. The exact date all legal financial obligations (LFOs) are fully satisfied.
3. Vacating a Record of Felony Conviction (RCW 9.94A.640)
Once you have an active Certificate of Discharge, you may apply to the court to vacate your record of conviction. If granted, the record is cleared from public view, and you can legally state on employment and housing applications that you have never been convicted of that crime.
Who is NOT Eligible to Vacate?
You are disqualified from vacating your felony record if any of the following apply:
- Pending Charges: You have any active criminal charges pending in any state, federal, or municipal court.
- Violent/Class A Felonies: The offense was a violent offense, which includes all Class A felonies.
- Felony DUI/Physical Control: Convictions under RCW 46.61.502 or RCW 46.61.504 are ineligible.
- Crimes Against Persons: Except for Assault in the Second Degree, Assault in the Third Degree (when not committed against a peace officer), or Robbery in the Second Degree, which can be vacated only if they did not involve a firearm, deadly weapon, or sexual motivation enhancement.
Required Wait Times & Clean Record Windows:
- Class B Felonies: At least 10 years must have passed since the later of your sentencing, release from community custody, or release from confinement. You must have no new convictions of any kind in the 10 years prior to filing.
- Class C Felonies: At least 5 years must have passed since the later of your sentencing, release from community custody, or release from confinement. You must have no new convictions of any kind in the 5 years prior to filing.
4. Official Court Forms & Resources
The Washington Administrative Office of the Courts (AOC) provides standardized, fillable forms for these motions. Please download the appropriate documents below:
Official Forms (PDF):
- Information Guide: Vacating Record of Felony Conviction (Form CR 08.0930) — Read this comprehensive guide first to verify your exact legal eligibility.
- Motion and Declaration for Order Vacating Record of Felony Conviction (Form CR 08.0900) — Complete and sign this form to request your vacation hearing.
- Proposed Order Vacating Record of Felony Conviction (Form CR 08.0920) — Complete this form and bring it with you to your hearing for the Superior Court Judge to sign.
Related Portals:
- Washington State Court Forms Directory — Access the complete directory of state court forms, including Certificate of Discharge motions (CR 08.0600).
- Clark County Clerk's Office — Contact the Clerk's Office to pull your past court records, verify if a COD has already been filed, or request your financial records to confirm your LFOs are met.