Washington > Statewide > Misdemeanor Judgment And Sentencing
Order On Motion Re Vacating Conviction CrRLJ 09.0200 - Washington
| Order On Motion Re Vacating Conviction Form. This is a Washington form and can be used in Misdemeanor Judgment And Sentencing Statewide . |
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COURT OF WASHINGTON FOR No. Plaintiff vs. Order on Motion Re: Vacating Conviction Granted (ORVCJG) Denied (ORVCJD) Clerk's Action Required Defendant. I. BASIS THIS MATTER comes before the court on defendant's motion for order vacating misdemeanor or gross misdemeanor conviction pursuant to RCW 9.96.060. The court having heard argument of the parties and considered the case records and files, and the pleadings submitted on the matter. II. FINDINGS 2.1 2.2 Adequate notice was was not given to the appropriate parties and agencies. Defendant RCW 9.96.060: satisfied the following requirements of There are no criminal charges pending against the defendant in any court of this state or another state, or in any federal court (RCW 9.96.060(2)(a)); The offense for which the defendant was convicted is not one of the following offenses (RCW 9.96.060(2)(b)-(d)): A first prostitution offense that the defendant committed as a result of being a victim of trafficking under RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, or trafficking in persons under the trafficking victims protection act of 200, 22 U.S.C. §7101 et seq. If it is, skip to paragraph 2.4. Driving while under the influence ("DUI"), RCW 46.61.502 Actual physical control while under the influence, RCW 46.61.504 Operating a railroad, etc. while intoxicated, RCW 9.91.020 An offense considered a "prior offense" under RCW 46.61.5055 and the defendant has had a subsequent alcohol or drug violation within 10 years of the date of arrest for the prior offense. ORD ON MT RE VACATING CONV (ORVCJG, ORVCJD) - Page 1 of 4 CrRLJ 09.0200 - (06/2012) RCW 9.96.060 American LegalNet, Inc. www.FormsWorkFlow.com A "prior offense" means: Vehicular Homicide while under the influence of intoxicating liquor or any drug. (RCW 46.61.520) Vehicular Assault while under the influence of intoxicating liquor or any drug. (RCW 46.61.522). Vehicular Homicide or Vehicular Assault committed in a reckless manner or with disregard for the safety of others if the original charge was for Vehicular Homicide or Vehicular Assault while under the influence of intoxicating liquor or any drug. Negligent Driving in the 1st degree (RCW 46.61.5249), Reckless Driving (RCW 46.61.500), Reckless Endangerment (RCW 9A.36.050) or equivalent out of state or local ordinance, if the original charge was DUI, Actual physical control while under the influence, vehicular homicide, or vehicular assault. Deferred prosecution for DUI/Physical control or equivalent local ordinance. Deferred prosecution for Negligent Driving in the 1st degree if the original charge was DUI, Actual physical control, vehicular homicide, vehicular assault; (Effective August 1, 2012) An equivalent out-of-state deferred prosecution for DUI/Physical control, including chemical dependency treatment program. A violation of chapter 9A.44 RCW (sex offenses) A violation of chapter 9.68 RCW (obscenity and pornography) A violation of chapter 9.68A RCW (sexual exploitation of children) A violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense The offense for which the defendant was convicted does not involve domestic violence and it has been at least three years since the defendant completed the terms and conditions of the sentence, including restitution/legal financial obligations. RCW 9.96.060(2)(f). Or The offense for which the defendant was convicted does involve domestic violence and the defendant complied with the following conditions (RCW 9.96.060(2)(e)): The defendant provided the prosecuting attorney's office that prosecuted the offense with written notice of this petition. RCW 9.96.060(2)(e)(i). The defendant filed the original notice with this court. RCW 9.96.060(2)(e)(i). The defendant has not been convicted of any other domestic violence offense arising out of any other incident. RCW 9.96.060(2)(e)(ii). It has been at least five years since the defendant completed the terms and conditions of the sentence, including restitution/legal financial obligations and successful completion of any treatment ordered. RCW 9.96.060(2)(e)(iv). The defendant has not been convicted of any new crime in this state, another state, or federal court since the defendant was convicted in this matter. RCW 9.96.060(2)(g). The defendant has never had the record of another conviction vacated. RCW 9.96.060(2)(h). The defendant is not currently and has not been restrained within the last five years by a domestic violence protection order, a no-contact order, an antiharassment protection order, or a civil restraining order which restrains one party from contacting the other party. RCW 9.96.060(2)(i). ORD ON MT RE VACATING CONV (ORVCJG, ORVCJD) - Page 2 of 4 CrRLJ 09.0200 - (06/2012) RCW 9.96.060 American LegalNet, Inc. www.FormsWorkFlow.com 2.3 has not been convicted of any other domestic violence offense arising The defendant has has not been convicted of a new crime since the date of out of any other incident and has conviction in this matter based upon the criminal history check of the following records: Washington State Crime Information Center (WASIC), RCW 43.43.500 et seq; National Crime Information Center (NCIC), including the Interstate Identification Index (Triple I), 28 USC Section 534; Judicial Information System (JIS), including Defendant Case History (DCH) from the District and Municipal Court Information System (DISCIS), RCW 2.68 et seq. and JISCR. 2.4 First conviction for a prostitution offense that was committed while the defendant was a victim of trafficking under state or federal law or of promoting prostitution in the first degree: The defendant committed a prostitution offense as a result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, or trafficking in persons under the trafficking victims protection act of 200, 22 U.S.C. §7101 et seq. There are no criminal charges pending against the defendant in any court of this state, or another state, or in any federal court. The defendant has not been convicted of another crime in this state, another state, or federal court since the date of conviction. The defendant has never had the record of another prostitution conviction vacated. III. ORDER Based on the above findings, it is hereby ordered: 3.1 The motion for order vacating conviction records of the following offense(s) is denied. __________________________________ Cause No: _____________________Count No: ____ Offen
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