1. I have no criminal charges pending against me in any state, local or federal court.
2. I have not been convicted of any new crime in this state, local or federal court since I was convicted of this matter.
3. I have never had the record of another conviction vacated.
4. I am not currently, and have not in the last 5 years been restrained by a DV or anti-harrassment protection order, a no-contact order, or a civil restraining order which restrains one party from contacting another party.
5. IF conviction DID NOT involve DV: THREE (3) years have passed since I completed the terms and conditions of the sentence, including restitution & other legal financial obligations. - OR - IF it DID involve DV: FIVE (5) years have passed since I completed the terms and conditions of the sentence, including restitution, legal financial obligations and treatment; AND, I have not been convicted of any new DV offense in any local, state or federal court arising out of any other incident.
6. The conviction I want to vacate is NOT one that is flat-out ineligible. Flat-out ineligible convictions include: DUI (RCW 46.61.502), Physical Control (RCW 46.61.504), Operating RR, etc. while intoxicated (RCW 9.91.020), Sex Offense under RCW 9A.44, Obscenity/Pornography under RCW 9.68, Sexual Exploitation of Children under RCW 9.68A, a violent offense or attempt to commit a violent offense as defined at RCW 9.94A.030.
7. The conviction I want to vacate is NOT considered a prior offense under RCW 46.61.5055; HOWEVER, even if it is, I have not had a subsequent alcohol or drug violation within 10 years of that arrest.
Vacate Felony Eligibility Checklist
1. The felony that I want to vacate was committed (not charged or convicted, but committed) before July 1, 1984.
2. I have received or should have received my Certificate of Discharge from the court (RCW 9.94A.637).
3. I have no criminal charges pending against me in any state, local or federal court.
4. I have not been convicted of any new crime in any local, state or federal court since the date of discharge or expiration of probation.
5. IF conviction was a Class B felony, at least ten (10) years have passed since the date of discharge or expiration of probation. - OR - IF it was a Class C felony, at least five (5) years have passed since the date of discharge or expiration of probation.
6. The conviction is NOT one that is flat-out ineligible. Flat-out ineligible convictions include: violent offenses, crimes against persons, and certain class C felonies related to DUI/Physical Control.