Washington: Adult Convictions (WA-C-8)

Records relating to a conviction for being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence can be vacated by the court immediately, so long as the petitioner meets the specified criteria. Rev. Code Wash. (ARCW) §9.94A.640(3).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

Certain offenses are not eligible to be vacated. Rev. Code Wash. (ARCW) §9.94A.640

Procedure General

The victim or the prosecutor of the county in which the victim was sentenced may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class B or class C felony offense using the process in RCW 9.94A.648. When preparing or filing the petition, the prosecutor is not deemed to be providing legal advice or legal assistance on behalf of the victim, but is fulfilling an administrative function on behalf of the state in order to further their responsibility to seek to reform and improve the administration of criminal justice.. For the specific procedure, see Rev. Code Wash. (ARCW) §9.94A.640(3).

Fees

There is no fee.

Effect

Once the court vacates a record of conviction, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Rev. Code Wash. (ARCW) §9.94A.640(4).

Waiting Periods

There is no waiting period.

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