Theft in the 3rd degree

AN ACT Relating to theft in the third degree; amending RCW 1
9A.56.050 and 9.94A.640; and prescribing penalties.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 9A.56.050 and 2009 c 431 s 9 are each amended to 4
read as follows: 5
(1) A person is guilty of theft in the third degree if he or she 6
commits theft of property or services which (a) does not exceed 7
((seven hundred fifty dollars )) $750 in value, or (b) includes 8
((ten)) 10 or more merchandise pallets, or ((ten)) 10 or more 9
beverage crates, or a combination of ((ten)) 10 or more merchandise 10
pallets and beverage crates. 11
(2) ((Theft)) Except as provided in subsection (3) of this 12
section, theft in the third degree is a gross misdemeanor.13
(3) Theft in the third degree is a class C felony upon a third or 14
subsequent adult conviction of theft in the third degree. A third or 15
subsequent conviction means the person has been previously convicted 16
as an adult on at least two separate occasions of the crime of theft 17
in the third degree.18
Sec. 2. RCW 9.94A.640 and 2021 c 237 s 2 are each amended to 19
read as follows: 20
S-1160.1
SENATE BILL 5685
State of Washington 69th Legislature 2025 Regular Session
By Senator Lovick
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(1) Every offender who has been discharged under RCW 9.94A.637 1
may apply to the sentencing court for a vacation of the offender's 2
record of conviction. If the court finds the offender meets the tests 3
prescribed in subsection (2) of this section, the court may clear the 4
record of conviction by: (a) Permitting the offender to withdraw the 5
offender's plea of guilty and to enter a plea of not guilty; or (b) 6
if the offender has been convicted after a plea of not guilty, by the 7
court setting aside the verdict of guilty; and (c) by the court 8
dismissing the information or indictment against the offender.9
(2) An offender may not have the record of conviction cleared if:10
(a) There are any criminal charges against the offender pending 11
in any court of this state or another state, or in any federal court;12
(b) The offense was a violent offense as defined in RCW 9.94A.030 13
or crime against persons as defined in RCW 43.43.830, except the 14
following offenses may be vacated if the conviction did not include a 15
firearm, deadly weapon, or sexual motivation enhancement: (i) Assault 16
in the second degree under RCW 9A.36.021; (ii) assault in the third 17
degree under RCW 9A.36.031 when not committed against a law 18
enforcement officer or peace officer; and (iii) robbery in the second 19
degree under RCW 9A.56.210; 20
(c) The offense is a class B felony and the offender has been 21
convicted of a new crime in this state, another state, or federal 22
court in the ten years prior to the application for vacation;23
(d) ((The)) Except as provided in subsection (3) of this section, 24
the offense is a class C felony and the offender has been convicted 25
of a new crime in this state, another state, or federal court in the 26
five years prior to the application for vacation; 27
(e) The offense is a class B felony and less than ((ten)) 10 28
years have passed since the later of: (i) The applicant's release 29
from community custody; (ii) the applicant's release from full and 30
partial confinement; or (iii) the applicant's sentencing date;31
(f) The offense was a class C felony, other than a class C felony 32
described in RCW 46.61.502(6) or 46.61.504(6), and less than five 33
years have passed since the later of: (i) The applicant's release 34
from community custody; (ii) the applicant's release from full and 35
partial confinement; or (iii) the applicant's sentencing date; or36
(g) The offense was a felony described in RCW 46.61.502 or 37
46.61.504. 38
(3) If the offense is felony theft in the third degree and the 39
individual enters into and successfully completes substance use 40
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disorder treatment, the individual may petition for vacation of the 1
conviction one year after the later of the individual's completion of 2
community custody or the completion of substance use disorder 3
treatment. 4
(4) If the applicant is a victim of sex trafficking, 5
prostitution, or commercial sexual abuse of a minor; sexual assault; 6
or domestic violence as defined in RCW 9.94A.030, the victim or the 7
prosecutor of the county in which the victim was sentenced may apply 8
to the sentencing court or the sentencing court's successor to vacate 9
the victim's record of conviction for a class B or class C felony 10
offense using the process in RCW 9.94A.648. When preparing or filing 11
the petition, the prosecutor is not deemed to be providing legal 12
advice or legal assistance on behalf of the victim, but is fulfilling 13
an administrative function on behalf of the state in order to further 14
their responsibility to seek to reform and improve the administration 15
of criminal justice. A record of conviction vacated using the process 16
in RCW 9.94A.648 is subject to subsection (((4))) (5) of this 17
section. 18
(((4))) (5)(a) Except as otherwise provided, once the court 19
vacates a record of conviction under subsection (1) of this section, 20
the fact that the offender has been convicted of the offense shall 21
not be included in the offender's criminal history for purposes of 22
determining a sentence in any subsequent conviction, and the offender 23
shall be released from all penalties and disabilities resulting from 24
the offense. For all purposes, including responding to questions on 25
employment applications, an offender whose conviction has been 26
vacated may state that the offender has never been convicted of that 27
crime. A conviction that has been vacated under this section may not 28
be disseminated or disclosed by the state patrol or local law 29
enforcement agency to any person, except other criminal justice 30
enforcement agencies. Nothing in this section affects or prevents the 31
use of an offender's prior conviction in a later criminal 32
prosecution, and nothing in this section affects the requirements for 33
restoring a right to possess a firearm under RCW 9.41.040.34
(b) A conviction vacated on or after July 28, 2019, qualifies as 35
a prior conviction for the purpose of charging a present recidivist 36
offense occurring on or after July 28, 2019, and may be used to 37
establish an ongoing pattern of abuse for purposes of RCW 9.94A.535.38
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