Call for a Free Consultation 206-829-8415

What felonies in Washington cannot be vacated?

You cannot vacate the following felonies in Washington:

Class A felonies

You cannot vacate any Class A felony.  Class A felonies are the most serious crimes in Washington and carry a maximum possible punishment of life in prison.

Here is a list of the most commonly charged Class A felonies:

  • Aggravated murder
  • Murder in the first degree
  • Murder in the second degree
  • Manslaughter in the first degree
  • Rape in the first degree
  • Rape of a child in the first degree
  • Rape of a child in the second degree
  • Rape in the second degree
  • Child molestation in the first degree
  • Arson in the first degree
  • Burglary in the first degree
  • Robbery in the first degree
  • Kidnapping in the first degree
  • Kidnapping in the second degree with sexual motivation
  • Vehicular homicide
  • Assault in the first degree
  • Assault of a child in the first degree
  • Indecent liberties by forcible compulsion

You also cannot vacate a conviction for attempting to commit or conspiracy to commit a Class A felony.

Violent Crimes / Crimes Against Persons

You cannot vacate the following Class B or Class C felonies in Washington, which are classified as violent crimes under RCW 9.94A.030(56) or crimes against persons or children under RCW 43.43.830(7):

  • Manslaughter in the second degree
  • Arson in the second degree
  • Extortion in the first degree
  • Kidnapping in the second degree
  • Drive-by shooting
  • Robbery in the second degree if the conviction included a firearm, deadly weapon or sexual motivation enhancement
  • Assault in the second degree if the conviction included a firearm, deadly weapon or sexual motivation enhancement
  • Assault in the third degree if the conviction included a firearm, deadly weapon or sexual motivation enhancement or if committed against a law enforcement officer
  • Assault of a child (any degree)
  • Commercial sexual abuse of a minor
  • Indecent exposure
  • Custodial misconduct in the first or second degree
  • Incest
  • Sexual misconduct with a minor in the first or second degree

DUI Conviction 

You cannot vacate a conviction for felony DUI or felony Physical Control.  

In Washington, a DUI or Physical Control offense becomes a felony if you have 3 or more prior DUI-related offenses in the last 10 years.  

Federal / Out of State Convictions

You may not be able to vacate a conviction for a federal or out of state offense that be classified as one of the above felonies in Washington. 

Free Consultation

Contact us for a free consultation. We are available 24/7, including weekends and holidays.

2200 6th Avenue
Suite 806

Seattle, WA 98121
206.829.8415
Mon, Tue, Wed, Thu, Fri, Sat, Sun: 08:00am - 06:00pm

Menu