DUI conviction vacation

AN ACT Relating to vacating convictions for driving under the 1
influence, actual physical control of a motor vehicle while under the 2
influence, or an offense considered a prior offense to such 3
convictions; and amending RCW 9.96.060. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.96.060 and 2024 c 296 s 1 are each amended to read 6
as follows: 7
(1) When vacating a conviction under this section, the court 8
effectuates the vacation by: (a)(i) Permitting the applicant to 9
withdraw the applicant's plea of guilty and to enter a plea of not 10
guilty; or (ii) if the applicant has been convicted after a plea of 11
not guilty, the court setting aside the verdict of guilty; and (b) 12
the court dismissing the information, indictment, complaint, or 13
citation against the applicant and vacating the judgment and 14
sentence. 15
(2) Every person convicted of a misdemeanor or gross misdemeanor 16
offense may apply to the sentencing court for a vacation of the 17
applicant's record of conviction for the offense. If the court finds 18
the applicant meets the requirements of this subsection, the court 19
may in its discretion vacate the record of conviction. Except as 20
provided in subsections (3), (4), (5), ((and)) (6), and (7) of this 21
H-0090.1
HOUSE BILL 1110
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ortiz-Self, Goodman, Reed, Simmons, Peterson, and
Wylie
Prefiled 12/20/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1110
section, an applicant may not have the record of conviction for a 1
misdemeanor or gross misdemeanor offense vacated if any one of the 2
following is present: 3
(a) The applicant has not completed all of the terms of the 4
sentence for the offense, including satisfaction of financial 5
obligations; 6
(b) There are any criminal charges against the applicant pending 7
in any court of this state or another state, or in any federal or 8
tribal court, at the time of application; 9
(c) The offense was a violent offense as defined in RCW 9.94A.030 10
or an attempt to commit a violent offense; 11
(d) The offense was a violation of RCW ((46.61.502 (driving while 12
under the influence), 46.61.504 (actual physical control while under 13
the influence), )) 9.91.020 (operating a railroad, etc. while 14
intoxicated)((, or the offense is considered a "prior offense" under 15
RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug 16
violation within 10 years of the date of arrest for the prior offense 17
or less than 10 years has elapsed since the date of the arrest for 18
the prior offense)); 19
(e) The offense was any misdemeanor or gross misdemeanor 20
violation, including attempt, of chapter 9.68 RCW (obscenity and 21
pornography), chapter 9.68A RCW (sexual exploitation of children), or 22
chapter 9A.44 RCW (sex offenses), except for failure to register as a 23
sex offender under RCW 9A.44.132; 24
(f) The applicant was convicted of a misdemeanor or gross 25
misdemeanor offense as defined in RCW 10.99.020, or the court 26
determines after a review of the court file that the offense was 27
committed by one family or household member against another or by one 28
intimate partner against another, or the court, after considering the 29
damage to person or property that resulted in the conviction, any 30
prior convictions for crimes defined in RCW 10.99.020, or for 31
comparable offenses in another state or in federal court, and the 32
totality of the records under review by the court regarding the 33
conviction being considered for vacation, determines that the offense 34
involved domestic violence, and any one of the following factors 35
exist: 36
(i) The applicant has not provided written notification of the 37
vacation petition to the prosecuting attorney's office that 38
prosecuted the offense for which vacation is sought, or has not 39
provided that notification to the court; 40
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(ii) The applicant has two or more domestic violence convictions 1
stemming from different incidents. For purposes of this subsection, 2
however, if the current application is for more than one conviction 3
that arose out of a single incident, none of those convictions counts 4
as a previous conviction; 5
(iii) The applicant has signed an affidavit under penalty of 6
perjury affirming that the applicant has not previously had a 7
conviction for a domestic violence offense, and a criminal history 8
check reveals that the applicant has had such a conviction; or9
(iv) Less than five years have elapsed since the person completed 10
the terms of the original conditions of the sentence, including 11
successful completion of any treatment ordered as a condition of 12
sentencing, but excluding the payment of financial obligations;13
(g) For any offense other than those described in (f) of this 14
subsection, less than three years have passed since the later of the 15
applicant's release from supervision or probation; the applicant's 16
release from total and partial confinement, as defined in RCW 17
9.94A.030; or the applicant's sentencing date; 18
(h) The offender has been convicted of a new crime in this state, 19
another state, or federal or tribal court in the three years prior to 20
the vacation application; or 21
(i) The applicant is currently restrained by a domestic violence 22
protection order, a no-contact order, an antiharassment order, or a 23
civil restraining order which restrains one party from contacting the 24
other party or was previously restrained by such an order and was 25
found to have committed one or more violations of the order in the 26
five years prior to the vacation application. 27
(3) If the applicant is a victim of sex trafficking, 28
prostitution, or commercial sexual abuse of a minor; sexual assault; 29
or domestic violence as defined in RCW 9.94A.030, or the prosecutor 30
applies on behalf of the state, the sentencing court may vacate the 31
record of conviction if the application satisfies the requirements of 32
RCW 9.96.080. When preparing or filing the petition, the prosecutor 33
is not deemed to be providing legal advice or legal assistance on 34
behalf of the victim, but is fulfilling an administrative function on 35
behalf of the state in order to further their responsibility to seek 36
to reform and improve the administration of criminal justice. A 37
record of conviction vacated using the process in RCW 9.96.080 is 38
subject to subsections (((7))) (8) and (((8))) (9) of this section.39
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(4) Every person convicted prior to January 1, 1975, of violating 1
any statute or rule regarding the regulation of fishing activities, 2
including, but not limited to, (([former])) former RCW 75.08.260, 3
75.12.060, 75.12.070, 75.12.160, 77.16.020, 77.16.030, 77.16.040, 4
77.16.060, and 77.16.240 who claimed to be exercising a treaty Indian 5
fishing right, may apply to the sentencing court for vacation of the 6
applicant's record of the misdemeanor, gross misdemeanor, or felony 7
conviction for the offense. If the person is deceased, a member of 8
the person's family or an official representative of the tribe of 9
which the person was a member may apply to the court on behalf of the 10
deceased person. Notwithstanding the requirements of RCW 9.94A.640, 11
the court shall vacate the record of conviction if:12
(a) The applicant is a member of a tribe that may exercise treaty 13
Indian fishing rights at the location where the offense occurred; and14
(b) The state has been enjoined from taking enforcement action of 15
the statute or rule to the extent that it interferes with a treaty 16
Indian fishing right as determined under United States v. Washington , 17
384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 18
899 (D. Oregon 1969), and any posttrial orders of those courts, or 19
any other state supreme court or federal court decision.20
(5) Every person convicted of a misdemeanor cannabis offense, who 21
was 21 years of age or older at the time of the offense, may apply to 22
the sentencing court for a vacation of the applicant's record of 23
conviction for the offense. A misdemeanor cannabis offense includes, 24
but is not limited to: Any offense under RCW 69.50.4014, from July 1, 25
2004, onward, and its predecessor statutes, including RCW 26
69.50.401(e), from March 21, 1979, to July 1, 2004, and RCW 27
69.50.401(d), from May 21, 1971, to March 21, 1979, and any offense 28
under an equivalent municipal ordinance. If an applicant qualifies 29
under this subsection, the court shall vacate the record of 30
conviction. 31
(6) If a person convicted of violating RCW 69.50.4011(1) (b) or 32
(c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a 33
substance use disorder program and files proof of completion with the 34
court, or obtains an assessment from a recovery navigator program 35
established under RCW 71.24.115, an arrest and jail alternative 36
program established under RCW 36.28A.450, or a law enforcement 37
assisted diversion program established under RCW 71.24.589, and has 38
six months of substantial compliance with recommended treatment or 39
services and progress toward recovery goals as reflected by a written 40
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status update, upon verification the court must vacate the conviction 1
or convictions. 2
(7) Every person convicted of violating RCW 46.61.502 (driving 3
while under the influence), 46.61.504 (actual physical control while 4
under the influence), or an offense considered a "prior offense" 5
under RCW 46.61.5055, may apply to the sentencing court for a 6
vacation of the applicant's record of conviction for the offense if 7
the applicant has not had a subsequent alcohol or drug-related 8
traffic conviction in this state, another state, or tribal court 9
within five years of the date of conviction. If after filing proof of 10
completion of all requirements of the sentence with the court an 11
applicant qualifies under this subsection, the court may vacate the 12
record of conviction.13
(8) A person who is a family member of a homicide victim may 14
apply to the sentencing court on the behalf of the victim for 15
vacation of the victim's record of conviction for prostitution under 16
RCW 9A.88.030. If an applicant qualifies under this subsection, the 17
court shall vacate the victim's record of conviction.18
(((8))) (9)(a) Except as provided in (c) and (d) of this 19
subsection, once the court vacates a record of conviction under this 20
section, the person shall be released from all penalties and 21
disabilities resulting from the offense and the fact that the person 22
has been convicted of the offense shall not be included in the 23
person's criminal history for purposes of determining a sentence in 24
any subsequent conviction. For all purposes, including responding to 25
questions on employment or housing applications, a person whose 26
conviction has been vacated under this section may state that he or 27
she has never been convicted of that crime. However, nothing in this 28
section affects the requirements for restoring a right to possess a 29
firearm under RCW 9.41.041. Except as provided in (b) of this 30
subsection, nothing in this section affects or prevents the use of an 31
offender's prior conviction in a later criminal prosecution.32
(b) When a court vacates a record of domestic violence as defined 33
in RCW 10.99.020 under this section, the state may not use the 34
vacated conviction in a later criminal prosecution unless the 35
conviction was for: (i) Violating the provisions of a restraining 36
order, no-contact order, or protection order restraining or enjoining 37
the person or restraining the person from going on to the grounds of 38
or entering a residence, workplace, school, or day care, or 39
prohibiting the person from knowingly coming within, or knowingly 40
p. 5 HB 1110
remaining within, a specified distance of a location, a protected 1
party's person, or a protected party's vehicle (RCW 10.99.040, 2
10.99.050, 26.09.300, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070, 3
or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and 4
74.34.145); (ii) stalking (RCW 9A.46.110); or (iii) a domestic 5
violence protection order or vulnerable adult protection order 6
entered under chapter 7.105 RCW. A vacated conviction under this 7
section is not considered a conviction of such an offense for the 8
purposes of 27 C.F.R. 478.11. 9
(c) A conviction vacated on or after July 28, 2019, qualifies as 10
a prior conviction for the purpose of charging a present recidivist 11
offense as defined in RCW 9.94A.030 occurring on or after July 28, 12
2019.13
(d)(i) When a court vacates a record under subsection (7) of this 14
section, the vacated conviction qualifies as a "prior offense" under 15
RCW 46.61.502(6), 46.61.504(6), and 46.61.5055 in a later criminal 16
prosecution of RCW 46.61.502 (driving while under the influence) or 17
RCW 46.61.504 (actual physical control while under the influence) if 18
the later prosecution is within 15 years of the date of the 19
conviction for the vacated conviction. If a subsequent conviction of 20
RCW 46.61.502 or 46.61.504 is within 15 years of the date of the 21
conviction for the vacated conviction, the court may use the vacated 22
conviction in determining a sentence or determining whether the 23
subsequent conviction qualifies as a felony under RCW 46.61.5055.24
(ii) A conviction vacated under subsection (7) of this section 25
qualifies as a prior conviction in determining a sentence for a 26
conviction under RCW 46.61.520 if the vehicular homicide occurred 27
while the driver was under the influence of intoxicating liquor or 28
any drug. 29
(((9))) (10) The clerk of the court in which the vacation order 30
is entered shall immediately transmit the order vacating the 31
conviction to the Washington state patrol identification section and 32
to the local police agency, if any, which holds criminal history 33
information for the person who is the subject of the conviction. The 34
Washington state patrol and any such local police agency shall 35
immediately update their records to reflect the vacation of the 36
conviction, and shall transmit the order vacating the conviction to 37
the federal bureau of investigation. A conviction that has been 38
vacated under this section may not be disseminated or disclosed by 39
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the state patrol or local law enforcement agency to any person, 1
except other criminal justice enforcement agencies.2
(((10))) (11) For the purposes of this section, "cannabis" has 3
the meaning provided in RCW 69.50.101. 4
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