Washington Misdemeanors

A misdemeanor is often used to describe an offense that violates state or local law but is not as severe as a felony. Some of the acts typically considered misdemeanors include simple assault, disorderly conduct, and petty theft. In Washington, misdemeanors can either be simple or gross, depending on the seriousness of the offense.

What Is a Misdemeanor in Washington?

The maximum sentences and classifications for criminal offenses in Washington are defined in the Revised Code of Washington (RCW) § 9A.20.021. Misdemeanors are those offenses punishable by up to 90 days in jail, while gross misdemeanors have a maximum jail term of 364 days. Civil infractions, such as most routine traffic violations, are treated as non-criminal offenses punishable by fines only. In Washington, Driving Under the Influence (DUI) is classified as a gross misdemeanor, carrying mandatory minimum penalties that depend on the driver’s prior record and blood alcohol concentration. However, a DUI may be charged as a felony if the driver has prior felony DUI convictions or multiple offenses within ten years.

Misdemeanor Classes and Penalties in Washington

Washington's penalty framework defines the maximum punishment for each type of offense. An individual convicted of a misdemeanor in Washington may face up to 90 days in jail and a fine of up to $1,000; however, if convicted of a gross misdemeanor, they may be punished by up to 364 days in jail and fined up to $5,000. Beyond the standard penalties, an offender may also face further sanctions such as community service, probation, and restitution to the victim.

The majority of DUI offenses in Washington fall under the category of gross misdemeanors. By law, they carry mandatory minimum penalties such as incarceration, electronic home monitoring, driver's license suspension, and the requirement to install an ignition interlock device.

Misdemeanor Court Process in Washington

In Washington, the District Courts and Municipal Courts handle misdemeanor and gross misdemeanor cases. If an offense happens outside city limits or within an incorporated area, it is heard in the District Court. Nonetheless, the Municipal Court is responsible for addressing offenses that happen within city limits.

The court process for a misdemeanor case begins when a person is arrested or cited by law enforcement. Then, the prosecutor determines whether to bring formal charges before the District Court or Municipal Court. During the defendant's first appearance, the judge explains the charges, rights, and asks how they wish to plead. In addition, the court decides whether the defendant should remain in custody or be released under certain conditions.

Both parties prepare for a jury or bench trial during the pretrial phase. At this stage, they exchange evidence, discuss a plea bargain, and can ask the court to exclude any evidence they believe was obtained illegally. If no settlement is reached, the case proceeds to trial, where both parties will present their evidence and question witnesses. If the defendant is found guilty, the judge considers the nature of the offense, the statutory requirements, and any prior convictions before sentencing.

Misdemeanor Records in Major Washington Cities

Court records are accessible to the public through both statewide and local case search portals in Washington. TheWashington Court Case Search system compiles court records from the state's District, Superior, and Municipal Courts. Although the information on this portal is updated regularly, it is not considered the official court records.

Seattle (Seattle Municipal Court)

The Seattle Municipal Court Public Portal provides public access to case information, court records, and calendars. Through this portal, you can search for citations, judgments, parties, and hearing events related to misdemeanor cases heard in the court.

Spokane (Spokane Municipal Court)

Among other functions, you may use the Spokane Municipal Court eCourt Portal to pay court fines and search for case information. In addition, most hearings in this court are recorded digitally, and you can access audio recordings in your case through a separate link provided on the court’s page.

Tacoma (Tacoma Municipal Court)

You may pay court fines to the Tacoma Municipal Court online, in person, or by mail. To request misdemeanor records, you may complete and submit the Record Request Form either in person or by mail.

While searching for misdemeanor cases online, you may find key information such as party names, hearing dates, dispositions, and sentencing terms. It is important to note that sensitive, sealed, and confidential materials will not appear online.

How to Search for Misdemeanor Records in Washington

To find Washington misdemeanor records, you may use either the statewide or local court portals, depending on where the case was handled. While the Washington Court Case Search system provides public access to misdemeanor cases heard in the district and municipal courts, the best method to find city-level cases is through the Municipal Courts' online portals. Certified or regular copies of misdemeanor case records may also be obtained from the Clerk’s Office for a nominal fee.

How Long Does a Misdemeanor Stay on Your Record in Washington?

Without a court release, misdemeanor and gross misdemeanor records can stay on file indefinitely and remain accessible to the public. The pathways to seek court relief in Washington include:

Vacating a Misdemeanor/Gross-Misdemeanor Conviction

If your offense qualifies for expungement under RCW 9.96.060, you may ask the court to vacate a misdemeanor or gross misdemeanor conviction. Upon granting your request, the court withdraws the guilty plea and dismisses the case. Nonetheless, the case record still exists and can be used by authorized entities as permitted by law. To be eligible for a vacation, you must complete your sentence and remain crime-free for a period of three years or five years if the offense is related to domestic violence.

Expunging (Deleting) Non-Conviction Data

You may ask the Washington State Patrol or the arresting agency to remove non-conviction records if your case ended in a dismissal or acquittal. You become eligible to make this request two years after the court’s final decision in your favor or three years after the arrest if no charges were ever filed. To find out if you are eligible, you can consult the Washington State Patrol's expungement checklist.