Order On Motion Re Vacating Conviction {CrRLJ 09.0200}

Order on Motion Re Vacating Conviction (ORVCJG, ORVCJD) - Page 1 of 5 CrRLJ 09.0200 - (07/2017) RCW 9.96.060 COURT OF WASHINGTON FOR Plaintiff vs. Defendant. No . Order on Motion Re: Vacating Conviction Granted (ORVCJG) Denied (ORVCJD) Clerk's Action Required 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 Adequate notice was was not given to the appropriate parties and agencies. 2.2 Defendant satisfied the following requirements of RCW 9.96.060: 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)); 2.3 Excluded Offenses: The offense for which the defendant was convicted is a misdemeanor offense and not one of the following offenses (RCW 9.96.060(2)(b)-(d)): 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 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 American LegalNet, Inc. www.FormsWorkFlow.com Order on Motion Re Vacating Conviction (ORVCJG, ORVCJD) - Page 2 of 5 CrRLJ 09.0200 - (07/2017) RCW 9.96.060 2.4 Prior Offense: The offense for which the defendant was convicted is considered a 223prior offense224 under RCW 46.61.5055 (see below), and the prior offense is not otherwise excluded from being vacated (see excluded offenses above); and The defendant has not been convicted of any new crimes in this state, another state, or federal court since the defendant was convicted in this matter. RCW 9.96.060(2)(g); and at least three years have passed since the defendant completed the terms and conditions of the sentence, including restitution/legal financial obligations. RCW 9.96.060(2)(f); and the Defendant has not had a subsequent alcohol or drug violation within 10 years of the date of arrest for the prior offense; and more than ten years has elapsed since the date of the arrest for the prior offense. A 223prior offense224 means( RCW 46.61.5055(14)): Original Convictions for the following (including equivalent local ordinances): o Driving Under the Influence (DUI) RCW 46.61.502 o Actual physical control while under the influence (Physical Control) RCW 46.61.504 o Commercial Vehicle DUI/Physical Control, RCW 46.25.110 o Watercraft DUI, RCW 79A.60.040(2) o Aircraft DUI, RCW 47.68.220, committed under the influence of intoxicating liquor or any drug; o Nonhighway vehicle DUI, RCW 46.09.470(2); o Snowmobile DUI, RCW 46.10.490(2); o Equivalent out-of-state statute for any of the above offenses. Amended Convictions for the following: If originally charged with DUI or Physical Control. or an equivalent local ordinance, or Vehicular Homicide, RCW 46.61.520, or Vehicular Assault, RCW 46.61.522; but convicted of: o Negligent Driving 1st RCW 46.61.5249 o Reckless Driving RCW 46.61.500 o Reckless Endangerment RCW 9A.36.050, o Equivalent out-of-state or local ordinance for the above offenses. If originally charged with Watercraft DUI RCW 79A.60.040(2); but convicted of o Operating a Watercraft in a reckless manner, RCW 79A.60.040(1), or o Equivalent local ordinance. If originally charged with Aircraft DUI RCW 47.68.220; but convicted of o Operating an Aircraft in a careless or reckless manner, RCW 47.68.220, or o Equivalent local ordinance. Deferred Sentences for the following: If originally charged with DUI or Physical Control or an equivalent local ordinance, or Vehicular Homicide, RCW 46.61.520, or Vehicular Assault, RCW 46.61.522; but deferred sentence was imposed for: o Negligent Driving 1st RCW 46.61.5249 o Reckless Driving RCW 46.61.500 o Reckless Endangerment RCW 9A.36.050 o Equivalent out-of-state or local ordinance for the above offenses. 2.5 Domestic Violence: 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). American LegalNet, Inc. www.FormsWorkFlow.com Order on Motion Re Vacating Conviction (ORVCJG, ORVCJD) - Page 3 of 5 CrRLJ 09.0200 - (07/2017) RCW 9.96.060 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 prior to the offense which I am seeking to vacate. 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 has not been convicted of any other domestic violence offense arising out of any other incident and has has not been convicted of any new crime in this state, another state, or federal court since defendant was convicted 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 247 534; 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. 2.6 Prostitution Conviction as a Victim. The conviction was for prostitution, under RCW 9A.88.030, and: The defendant meets the requirements of RCW 9.96.060(2). Or The defendant222s prostitution conviction is the result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, promoting commercial sexual abuse of a minor, RCW 9.68A.101, or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. 247 7101 et seq. There are no criminal charges pending against the defendant for any crime other than prostitution in any court of this state, or another state, or in any federal court. The defendant has not been convicted of another crime, except prostitution, in this state, another state, or federal court since the date of conviction, but this limitation does not apply to convictions where the defendant committed the crime as a result of being a victim of trafficking (RCW 9A.40.100) promoting prostitution in the first degree (RCW 9A.88.070) promoting commercial sexual abuse of a minor (RCW 9.68A.101) or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. 247 7101 et seq,, according to the requirements provided in RCW 9.96.070 for each respective conviction. The defendant has has not proved by a preponderance of the evidence the elements required under Laws of 2014, Ch. 109, 2472. 2.7 Offenses not otherwise specified above: The offense for which the defendant was convicted is not an Excluded Offense, a Prior Offense, a Conviction for Prostitution as a Victim of Trafficking, and did not involve Domestic Violence. At least three years have passed since the defendant completed the terms and conditions of the sentence, including restitution/legal financial obligations. RCW 9.96.060(2)(f). American LegalNet, Inc. www.FormsWorkFlow.com Order on Motion Re Vacating Conviction (ORVCJG, ORVCJD) - Page 4 of 5 CrRLJ 09.0200 - (07/2017) RCW 9.96.060 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). 2.8 The defendant has never had the record of another conviction vacated. RCW 9.96.060(2)(h). 2.9 The defendant is not currently and has not been restrained within the last five years by a dome