You cannot vacate the following felonies in Washington:
Class A felonies
You cannot vacate any Class A felony. Class A felonies carry a maximum possible punishment of life in prison without the possibility of parole. Class A felonies are the most serious crimes in Washington.
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
- Rape of a child in the third degree
- Assault of a child (any degree)
- Arson in the second degree
- Extortion in the first degree
- Extortion in the second 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
- Commercial sexual abuse of a minor
- Custodial misconduct in the first or second degree
- Sexual Misconduct with a Minor in the first degree
- Sexual Misconduct with a Minor in the second degree
- Indecent Exposure
- Indecent Liberties
- Incest
- Child Abandonment
- Promoting Pornography
- Violation of a Child Abuse restraining order
- Criminal Mistreatment in the first degree
- Criminal Mistreatment in the second degree
- Custodial Interference in the first degree
- Custodial Interference in the 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 crime or a crime that occurred outside Washington. This depends on whether the non-Washington crime is equivalent crimes listed above.
