You cannot vacate the following misdemeanor convictions in Washington:
Obscenity / pornography
You cannot vacate any of the following convictions under RCW 9.68:
- Selling or distributing indecent articles (RCW 9.68.030)
- Selling or exhibiting erotic materials (first or second offense) (RCW 9.68.060)
- Unlawful display of sexually explicit material (RCW 9.68.130)
You also cannot vacate a conviction for attempting to commit one of these three crimes.
Sexual offenses
You cannot vacate any of the following offenses under RCW 9A.44
- Custodial sexual misconduct in the second degree (RCW 9A.44.170)
- Voyeurism in the second degree (RCW 9A.44.115)
- Sexual misconduct with a minor in the second degree (RCW 9A.44.096)
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Failure to Register as a Sex Offender (RCW 9A.44.132)
- Failure to register is a misdemeanor if you are required to register because you were convicted of a non-felony sex crime
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Failure to Register as a Kidnapping Offender (RCW 9A.44.132)
- Failure to register is a misdemeanor if you are required to register because you were convicted of a non-felony kidnapping crime
You also cannot vacate a conviction for attempting to commit one of these two crimes.
Sexual exploitation of children
You cannot vacate any one of the following offenses related to the exploitation of children under RCW 9.68A
- Communicating with a minor for immoral purposes (first offense) (RCW 9.68A.090)
- Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
- Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
- Permitting commercial sexual abuse of a minor (RCW 9.68A.103)
- Minor selling depictions of himself or herself engaged in sexual activity (RCW 9.98A.053)
- Allow minor to be on premises of living erotic performance (RCW 9.68A.150)
- Sexual Exploitation of a Minor (RCW 9.68A.040)
You also cannot vacate a conviction for attempting to commit one of these three crimes.
