If you were charged with a DUI in Washington and resolved your case by pleading to Reckless Driving or Negligent Driving in the First Degree (Neg 1), you may wonder if that conviction can be vacated. The short answer: Yes—but only after 10 years and under specific circumstances.
Here’s what you need to know if you’re hoping to clear a reduced DUI conviction from your record.
Understanding Reduced DUI Charges
In Washington, it’s common for DUI charges to be resolved through a plea agreement, especially for first-time offenders. The most frequent reductions are:
- Reckless Driving (RCW 46.61.500)
- Negligent Driving 1st Degree (RCW 46.61.5249)
Although these are less severe than a DUI, they still carry significant consequences: license suspensions, SR-22 insurance requirements, probation, and a criminal record.
Can These Convictions Be Vacated?
Yes—but under RCW 9.96.060(2)(e), Washington law imposes a special restriction:
If the conviction for Reckless Driving or Negligent Driving 1st Degree was reduced from a DUI or Physical Control charge, it cannot be vacated until 10 years have passed since the conviction date.
This differs from most other misdemeanors, which typically have a 3- or 5-year waiting period.
Eligibility Requirements After 10 Years
Even after the 10-year waiting period, you must meet standard conditions for vacating a misdemeanor:
- No new criminal convictions during the 10-year period.
- No pending charges at the time of filing.
- Completion of all sentence terms, including probation and fines.
- No active no-contact or protection orders.
What If the Charge Wasn’t Originally a DUI?
If your Reckless or Negligent Driving 1st Degree conviction was not reduced from a DUI or Physical Control charge, shorter waiting periods apply:
- 3 years since completion of sentence for most misdemeanors.
- 5 years for offenses involving domestic violence.
However, prosecutors and courts may review the case history, including police reports and original charges, so preparation is key.
Why Vacating a Reduced DUI Matters
Vacating your conviction:
- Removes the record from public view.
- Allows you to legally state you have not been convicted of the offense.
- Improves job and housing opportunities.
- Reduces barriers to professional licensing.
The Process: What to Expect
- Confirm eligibility: Wait 10 years and ensure no new convictions.
- Prepare and file a motion in the court where you were convicted.
- Serve notice to the prosecuting attorney.
- Attend a hearing, if required by the court.
- If granted, the court will issue an order vacating the conviction.
Work With an Attorney
Vacating a reduced DUI conviction is not automatic. Courts may examine the original police report and consider whether vacating the record serves the public interest. A skilled attorney can:
- Present your case clearly and persuasively.
- Handle all procedural steps.
- Avoid delays or denials due to technical errors.
Clear Your Record—The Right Way
If it’s been 10 years since your Reckless or Negligent Driving conviction—and it stemmed from a DUI—now may be the time to clear your name. I’ve helped hundreds of clients in Washington vacate old convictions and move forward.
Call today for a free consultation to see if you qualify.