SHB 1110
In CommitteeHouse
DUI conviction vacation
Vacating convictions for driving under the influence.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands the ability for people in Washington to have certain criminal convictions vacated (erased) from their records, especially for DUI convictions (if no recent repeat offenses), marijuana convictions (for those 21+ at the time), and convictions of people who were victims of trafficking or violence. It also updates rules for how vacated convictions affect future sentencing and recordkeeping.
- Allows people convicted of DUI, actual physical control while under the influence, or related prior offenses to apply to vacate their conviction if they have not had a subsequent alcohol- or drug-related traffic conviction within 5 years of their conviction date.
- Expands eligibility to vacate marijuana convictions for people who were 21 or older at the time of the offense, including convictions under older versions of state law.
- Permits vacating convictions for people convicted of prostitution if they are victims of sex trafficking, sexual assault, or domestic violence, or if a family member applies on behalf of a deceased homicide victim who was convicted of prostitution.
- Allows vacating certain drug possession convictions (e.g., under RCW 69.50.4011, 69.50.4013, 69.50.4014) after completing treatment or recovery programs and demonstrating 6 months of sustained recovery.
- Clarifies that vacated DUI convictions can still be used as prior offenses in future DUI cases if the new offense occurs within 15 years of the vacated conviction, and may affect sentencing or felony classification.
Who is affected
- People with DUI convictions — People convicted of driving under the influence (DUI), actual physical control of a vehicle while under the influence, or related prior offenses may apply to have their conviction vacated if they have not had a subsequent alcohol- or drug-related traffic conviction within 5 years of their conviction date.
- People with old cannabis convictions — Individuals who were convicted of certain cannabis-related offenses (marijuana) before legalization, and who were at least 21 years old at the time, may have those convictions automatically vacated.
- Victims of certain crimes — Victims of sex trafficking, prostitution, commercial sexual abuse of minors, sexual assault, or domestic violence may have qualifying convictions vacated, either through their own application or via the prosecutor.
- People with substance use convictions — People convicted of certain drug-related offenses (e.g., drug possession) may have their convictions vacated after completing court-ordered treatment or recovery programs and demonstrating six months of sustained recovery.
- Families of homicide victims — Family members of homicide victims who were convicted of prostitution may apply to have the victim’s conviction vacated.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Automatic vacatur of cannabis convictions for people 21+ at time of offense removes a lasting legal barrier to employment, housing, and professional licensing for thousands of Washingtonians—especially older adults and low-income individuals—who were criminalized under outdated laws and now face lifelong stigma despite legalization.
Rights & LibertiesPeopleRef: Sec. 1(5)Allowing vacatur of DUI convictions after 5 clean years helps individuals re-enter the workforce—particularly in jobs requiring driving (e.g., delivery, transportation, sales)—by removing a persistent barrier to employment and reducing discrimination in background checks, which disproportionately impacts low- and middle-income workers.
Business & EmploymentPeopleRef: Sec. 1(7)Mandating vacatur after 6 months of sustained recovery for drug possession convictions incentivizes and rewards engagement in treatment, reducing stigma and supporting long-term recovery—especially for people who completed court-ordered rehab but remain legally branded as felons despite sobriety.
HealthcarePeopleRef: Sec. 1(6)Vacating prostitution convictions for victims of trafficking, sexual assault, or domestic violence—especially when applied retroactively or via prosecutor petition—corrects a profound injustice: criminalizing victims for crimes directly resulting from their victimization, thereby restoring dignity and removing barriers to safety and stability.
Rights & LibertiesPeopleRef: Sec. 1(3), (8)Retaining vacated DUI convictions for use in future prosecutions within 15 years (Sec. 1(9)(d)(i)) preserves public safety by allowing courts to consider recidivist patterns—even after vacatur—while still granting individuals meaningful relief and rehabilitation incentives, balancing second chances with accountability.
Public SafetyPeopleRef: Sec. 1(9)(d)(i)
Potential Concerns (5)
Allowing vacatur of DUI convictions after only 5 years without a repeat offense may reduce deterrence for repeat DUI behavior, as individuals may perceive the conviction as temporary and reversible—potentially undermining long-term behavioral change incentives. While the bill retains use of vacated convictions in future prosecutions within 15 years (Sec. 1(9)(d)), the public record removal may still reduce perceived consequences for low-risk repeat offenders.
Public SafetyPeopleRef: Sec. 1(7)The 15-year carve-out allowing vacated DUI convictions to be used in future sentencing (Sec. 1(9)(d)(i)) creates a complex, confusing legal landscape where individuals may believe they’ve “cleared” their record, only to face enhanced penalties later—potentially undermining trust in the justice system and increasing recidivism due to perceived unfairness.
Public SafetyPeopleRef: Sec. 1(7)While the fiscal impact is described as minimal, courts and prosecuting attorneys will face increased administrative burdens—reviewing petitions, holding hearings, verifying treatment completion, and coordinating with state agencies—which may strain already limited local resources, especially in rural counties with fewer staff.
Local GovernmentLean peopleRef: Sec. 1(5), (6), (7), (8)Expanding the use of vacated convictions in vehicular homicide sentencing (Sec. 1(9)(d)(ii)) may create inconsistency in sentencing outcomes, as judges may weigh vacated convictions differently than active ones—potentially leading to perceived leniency or unfairness in tragic cases involving loss of life.
Public SafetyLean peopleRef: Sec. 1(9)(d)(ii)The bill allows individuals with vacated convictions to represent that they have never been convicted of the offense for most purposes, but explicitly preserves firearm restoration requirements under RCW 9.41.041—creating a narrow but meaningful gap between legal fiction and practical civil rights restoration, which may confuse applicants about their full rights.
Rights & LibertiesRef: Sec. 1(2), (9)(a)
Who Is Most Affected
People with prior DUI convictions—especially those who have maintained clean records for 5+ years—gain meaningful second chances at employment, housing, and civic participation. However, those with recent repeat offenses or who struggle with addiction may not benefit and could face confusion about legal status.
Older adults (21+ at time of offense) with cannabis convictions—particularly those from the pre-legalization era—benefit significantly, as many face lifelong barriers to jobs, housing, and professional licenses. This group is disproportionately low-income and communities of color.
Victims of trafficking, domestic violence, or sexual assault who were prosecuted for prostitution gain legal recognition of their victimization, reducing stigma and enabling access to services. Families of deceased victims also gain closure and justice.
People with substance use disorders who complete treatment gain legal relief tied directly to recovery, reducing recidivism and promoting health. However, those without access to treatment programs or who relapse may not qualify.
Local courts and prosecutors face increased caseloads and administrative duties, though fiscal impact is minimal. Law enforcement agencies must update records, but this is a routine task. Overall, local government bears modest administrative burden without significant cost.