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Vacating Convictions

RCW 9.96.060 governs vacating misdemeanor convictions. RCW 9.94A.640 governs vacating felony convictions.  Anyone applying for a vacation must qualify for the vacation according to those statutes.  Our firm helps people navigate through the process to vacate convictions.

Before scheduling a consultation to discuss whether we can help you, we ask you to do two things.  The first is to get a copy of your current WATCH report listing your prior arrests and convictions in Washington State by going to the Washington State Patrol WATCH Report website.  The WATCH report costs a small fee and you will need a credit or debit card.

The second thing you must do before scheduling a consultation is to verify whether you qualify for a vacation according to the test for your kind of conviction – misdemeanor or felony.  The lists can look long and intimidating.  They are.  That is why an experienced attorney can help you manage the process and determine what can be done to help your future.  We work to help you get past your convictions – to stop living in the past and start living for your future.  If you have done your time, served your sentence, paid all your fines and satisfy the tests below, give us a call.

For Misdemeanors and Gross Misdemeanors (RCW 9.96.060) – People may qualify to vacate a misdemeanor or gross misdemeanor conviction if they can answer NO to all of the following questions in this  8-pronged test:

  1. Are there any criminal charges against the applicant pending in any court in Washington, another state, or in federal court?
  2. Was the offense one of the following offenses defined as “violent offenses” by RCW 9.94A.030, including attempts?  RCW 9.94A.030(54) gives a long list of crimes classified as “violent offenses.”  The complete list is reproduced at the end of this page.
  3. Was the offense a DUI, actual physical control while under the influence or operating a railroad while intoxicated?
  4. Was the offense a crime of domestic violence as defined by RCW 10.99.020?
  5. Has less than 3 years passed since the applicant completed the terms of the sentence, including financial obligations?
  6. Has the applicant been convicted of a new crime in Washington, another state or in federal court since the date of the conviction?
  7. Has the applicant ever had another conviction vacated?
  8. Has the applicant had a restraining order against them within the last 5 years, including domestic violence protection orders, no-contact orders, anti-harassment orders, or  civil restraining orders restraining one party from contacting another party?

For Felonies (RCW 9.94A.640) – People may qualify to vacate a felony conviction by answering NO to all of the following questions in this 6-pronged test:

  1. Are there any criminal charges against the applicant pending in any court of Washington, another state, or in federal court?
  2. Was the offense one of the following offenses defined as a “violent offense” by RCW 9.94A.030?  RCW 9.94A.030(54) gives a long list of crimes classified as “violent offenses.”  The complete list is reproduced at the end of this page.
  3. Was the offense any of the following crime against persons as defined in RCW 43.43.830(6)?  The statute defines many crimes as crimes against persons.  They are reproduced below.
  4. Has the applicant been convicted of a new crime in Washington, another state, or federal court since completing all requirements of the sentence?
  5. Was the offense a class B felony or a felony DUI and less than 10 years have passed since completing all requirements of the sentence?
  6. For all other class C felonies, have less than 5 years have passed since completing all requirements of the sentence?

Violent offenses per RCW 9.94A.030(54):

  1. Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
  2. Criminal solicitation of or criminal conspiracy to commit a class A felony;
  3. Manslaughter in the first degree;
  4. Manslaughter in the second degree;
  5. Indecent liberties if committed by forcible compulsion;
  6. Kidnapping in the second degree;
  7. Arson in the second degree;
  8. Assault in the second degree;
  9. Assault of a child in the second degree;
  10. Extortion in the first degree;
  11. Robbery in the second degree;
  12. Drive-by shooting;
  13. Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
  14. Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner

Crimes against children or other persons per RCW 43.43.830(6):

  1. Aggravated murder;
  2. First or second degree murder;
  3. First or second degree kidnapping;
  4. First, second, or third degree assault;
  5. First, second, or third degree assault of a child;
  6. First, second, or third degree rape;
  7. First, second, or third degree rape of a child;
  8. First or second degree robbery;
  9. First degree arson;
  10. First degree burglary;
  11. First or second degree manslaughter;
  12. First or second degree extortion;
  13. Indecent liberties;
  14. Incest;
  15. Vehicular homicide;
  16. First degree promoting prostitution;
  17. Communication with a minor;
  18. Unlawful imprisonment;
  19. Simple assault;
  20. Sexual exploitation of minors;
  21. First or second degree criminal mistreatment;
  22. Endangerment with a controlled substance;
  23. Child abuse or neglect as defined in RCW 26.44.020;
  24. First or second degree custodial interference;
  25. First or second degree custodial sexual misconduct;
  26. Malicious harassment;
  27. First, second, or third degree child molestation;
  28. First or second degree sexual misconduct with a minor;
  29. Commercial sexual abuse of a minor;
  30. Child abandonment;
  31. Promoting pornography;
  32. Selling or distributing erotic material to a minor;
  33. Custodial assault;
  34. Violation of child abuse restraining order;
  35. Child buying or selling;
  36. Prostitution;
  37. Felony indecent exposure;
  38. Criminal abandonment; or
  39. Any of these crimes as they may be renamed in the future