Excluded Offenses

Last Updated: October 28, 2024. Report error / Make suggestion

Below is a list of ineligible offenses in the vacate statutes. Any of these offenses will not be eligible to vacate, but does not prevent you from vacating other charges, as long as the requirements are met on those other charges.

Excluded DUI Offenses

• 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

Other Excluded Offenses

• Any Class A Felony
• Any violation of chapter 9A.44 RCW (sex offenses) except for the following offenses:
  • Failure to register as a sex offender under RCW 9A.44.132
  • Sexually violating human remains (RCW 9A.44.105)
  • Voyeurism in the First Degree (RCW 9A.44.115(2))
  • Criminal Trespass against children (RCW 9A.44.196)
• Any violation of chapter 9.68 RCW (obscenity and pornography)
• Any violation of chapter 9.68A RCW (sexual exploitation of children) except for the following offenses:
  • 9.68A.050: Dealing in depictions of minor engaged in sexually explicit conduct.
  • 9.68A.053(2), 9.68A.053(3), and 9.68A.053(4): Sexually explicit images—Crimes by
  • minors—Penalties.
  • 9.68A.060: Sending, bringing into state depictions of minor engaged in sexually explicit conduct.
  • 9.68A.070: Possession of depictions of minor engaged in sexually explicit conduct.
  • 9.68A.075: Viewing depictions of a minor engaged in sexually explicit conduct.
  • 9.68A.102: Promoting travel for commercial sexual abuse of a minor——Consent of minor does not constitute defense.
• Violent Offenses or Attempt to Commit Violent Offenses RCW 9.94A.030(58)(a)
• List of Violent Offenses: any of the following felonies:
  • Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
  • Criminal solicitation of or criminal conspiracy to commit a class A felony;
  • Manslaughter in the first degree;
  • Manslaughter in the second degree;
  • Indecent liberties if committed by forcible compulsion;
  • Kidnapping in the second degree;
  • Arson in the second degree;
  • Assault in the second degree
    This charge may be vacated if conviction did not include a firearm, deadly weapon, or sexual motivation enhancement.
  • Assault of a child in the second degree;
  • Extortion in the first degree;
  • Robbery in the second degree;
    This charge may be vacated if conviction did not include a firearm, deadly weapon, or sexual motivation enhancement.
  • Drive-by shooting;
  • 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
  • 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 the Person RCW 43.43.830(7) – List of Crimes Against the Person:
  • Aggravated murder; first or second degree murder;
  • first or second degree kidnapping;
  • first, second, or third degree assault;
  • Second degree assault may be vacated if conviction did not include a firearm, deadly
    weapon, or sexual motivation enhancement.
  • Third degree assault may be vacated if conviction did not include a firearm, deadly
    weapon, or sexual motivation enhancement AND not committed on a law enforcement
    officer.
  • fourth degree assault (if a violation of RCW 9A.36.041(3)); (repeat DV offender)
  • first, second, or third degree assault of a child;
  • first, second, or third degree rape;
  • first, second, or third degree rape of a child;
  • first or second degree robbery;
  • Second degree robbery may be vacated if conviction did not include a firearm, deadly
    weapon, or sexual motivation enhancement.
  • first degree arson;
  • first degree burglary;
  • first or second degree manslaughter;
  • first or second degree extortion;
  • indecent liberties;
  • incest;
  • vehicular homicide;
  • first degree promoting prostitution;
  • communication with a minor;
  • unlawful imprisonment;
  • simple assault
  • sexual exploitation of minors;
  • first or second degree criminal mistreatment;
  • endangerment with a controlled substance;
  • child abuse or neglect as defined in RCW 26.44.020;
  • first or second degree custodial interference;
  • first or second degree custodial sexual misconduct;
  • hate crime;
  • first, second, or third degree child molestation;
  • first or second degree sexual misconduct with a minor;
  • commercial sexual abuse of a minor;
  • child abandonment;
  • promoting pornography;
  • selling or distributing erotic material to a minor;
  • custodial assault;
  • violation of child abuse restraining order;
  • child buying or selling;
  • prostitution;
  • felony indecent exposure;
  • criminal abandonment;
  • or any of these crimes as they may be renamed in the future.

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