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1 (a) The applicant has not completed all of the terms of the <br /> 2 sentence for the offense; <br /> 3 (b) There are any criminal charges against the applicant pending <br /> 4 in any court of this state or another state, or in any federal or <br /> 5 tribal court, at the time of application; <br /> 6 (c) The offense was a violent offense as defined in RCW 9. 94A. 030 <br /> 7 or an attempt to commit a violent offense; <br /> 8 (d) The offense was a violation of RCW 46. 61. 502 (driving while <br /> 9 under the influence) , 46. 61 .504 (actual physical control while under <br /> 10 the influence) , 9. 91 . 020 (operating a railroad, etc. while <br /> 11 intoxicated) , or the offense is considered a "prior offense" under <br /> 12 RCW 46. 61. 5055 and the applicant has had a subsequent alcohol or drug <br /> 13 violation within ten years of the date of arrest for the prior <br /> 14 offense or less than ten years has elapsed since the date of the <br /> 15 arrest for the prior offense; <br /> 16 (e) The offense was any misdemeanor or gross misdemeanor <br /> 17 violation, including attempt, of chapter 9. 68 RCW (obscenity and <br /> 18 pornography) , chapter 9. 68A RCW (sexual exploitation of children) , or <br /> 19 chapter 9A. 44 RCW (sex offenses) , except for failure to register as a <br /> 20 sex offender under RCW 9A. 44. 132; <br /> 21 (f) The applicant was convicted of a misdemeanor or gross <br /> 22 misdemeanor offense as defined in RCW 10. 99. 020, or the court <br /> 23 determines after a review of the court file that the offense was <br /> 24 committed by one family ( (member) ) or household member against <br /> 25 another or by one intimate partner against another, or the court, <br /> 26 after considering the damage to person or property that resulted in <br /> 27 the conviction, any prior convictions for crimes defined in RCW <br /> 28 10. 99. 020, or for comparable offenses in another state or in federal <br /> 29 court, and the totality of the records under review by the court <br /> 30 regarding the conviction being ' considered for vacation, determines <br /> 31 that the offense involved domestic violence, and any one of the <br /> 32 following factors exist: <br /> 33 (i) The applicant has not provided written notification of the <br /> 34 vacation petition to the prosecuting attorney' s office that <br /> 35 prosecuted the offense for which vacation is sought, or has not <br /> 36 provided that notification to the court; <br /> 37 (ii) The applicant has two or more domestic violence convictions <br /> 38 stemming from different incidents. For purposes of this subsection, <br /> 39 however, if the current application is for more than one conviction <br /> p. 30 SHB 2473.SL <br />