Ordinance 3751-20 - Laserfiche WebLink

1 that arose out of a single incident, none of those convictions counts 2 as a previous conviction; 3 (iii) The applicant has signed an affidavit under penalty of 4 perjury affirming that the applicant has not previously had a 5 conviction for a domestic violence offense, and a criminal history 6 check reveals that the applicant has had such a conviction; or 7 (iv) Less than five years have elapsed since the person completed 8 the terms of the original conditions of the sentence, including any 9 financial obligations and successful completion of any treatment 10 ordered as a condition of sentencing; 11 (g) For any offense other than those described in (f) of this 12 subsection, less than three years have passed since the person 13 completed the terms of the sentence, including any financial 14 obligations; 15 (h) The offender has been convicted of a new crime in this state, 16 another state, or federal or tribal court in the three years prior to 17 the vacation application; or 18 (i) The applicant is currently restrained by a domestic violence 19 protection order, a no-contact order, an antiharassment order, or a 20 civil restraining order which restrains one party from contacting the 21 other party or was previously restrained by such an order and was 22 found to have committed one or more violations of the order in the 23 five years prior to the vacation application. 24 (3) Subject to RCW 9. 96. 070, every person convicted of 25 prostitution under RCW 9A. 88 . 030 who committed the offense as a 26 result of being a victim of trafficking, RCW 9A. 40. 100, promoting 27 prostitution in the first degree, RCW 9A. 88 . 070, promoting commercial 28 sexual abuse of a minor, RCW 9. 68A. 101, or trafficking in persons 29 under the trafficking victims protection act of 2000, 22 U. S.C. Sec. 30 7101 et seq. may apply to the sentencing court for vacation of the 31 applicant' s record of conviction for the prostitution offense. An 32 applicant may not have the record of conviction for prostitution 33 vacated if any one of the following is present: 34 (a) There are any criminal charges against the applicant pending 35 in any court of this state or another state, or in any federal court, 36 for any crime other than prostitution; or 37 (b) The offender has been convicted of another crime, except 38 prostitution, in this state, another state, or federal court since 39 the date of conviction. The limitation in this subsection (3) (b) does 40 not apply to convictions where the offender proves by a preponderance p. 31 SHB 2473 .SL