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What misdemeanors in Washington cannot be vacated?

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)
  • Sexual misconduct with a minor in the second degree (RCW 9A.44.096)

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 9.68

  • Communicating with a minor for immoral purposes (first offense) (RCW 9.68A.090)
  • Permitting commercial sexual abuse of a minor (RCW 9.68A.103)
  • Minor selling depictions of himself or herself engaged in sexual activity (RCW 9.96A.053)
  • Allow minor to be on premises of living erotic performance (RCW 9.68A.150

You also cannot vacate a conviction for attempting to commit one of these two crimes.

Can I vacate my conviction for failure to register as a sex offender? 

Yes, you can vacate your conviction for misdemeanor failure to register as a sex offense.  

Under RCW 9A.44.132, you are guilty of a gross misdemeanor if you fail to register for a non-felony sex offense.

You cannot, however, vacate a conviction for felony failure to register.

Consultation

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