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<br /> 1 of the evidence that he or she committed the crime as a result of
<br /> 2 being a victim of trafficking, RCW 9A.40.100, promoting prostitution
<br /> 3 in the first degree, RCW 9A. 88. 070, promoting commercial sexual abuse
<br /> 4 of a minor, RCW 9. 68A.101, or trafficking in persons under the
<br /> 5 trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et
<br /> 6 seq. , according to the requirements provided in RCW 9. 96.070 for each
<br /> 7 respective conviction.
<br /> 8 (4) Every person convicted prior to January 1, 1975, of violating
<br /> 9 any statute or rule regarding the regulation of fishing activities,
<br /> 10 including, but not limited to, RCW 75.08.260, 75.12.060, 75.12. 070,
<br /> 11 75.12.160, 77.16.020, 77.16.030, 77.16.040, 77. 16. 060, and 77. 16.240
<br /> 12 who claimed to be exercising a treaty Indian fishing right, may apply
<br /> 13 to the sentencing court for vacation of the applicant's record of the
<br /> 14 misdemeanor, gross misdemeanor, or felony conviction for the offense.
<br /> 15 If the person is deceased, a member of the person's family or an
<br /> 16 official representative of the tribe of which the person was a member
<br /> 17 may apply to the court on behalf of the deceased person.
<br /> 18 Notwithstanding the requirements of RCW 9.94A. 640, the court shall
<br /> 19 vacate the record of conviction if:
<br /> 20 (a) The applicant is a member of a tribe that may exercise treaty
<br /> 21 Indian fishing rights at the location where the offense occurred; and
<br /> 22 (b) The state has been enjoined from taking enforcement action of
<br /> 23 the statute or rule to the extent that it interferes with a treaty •
<br /> 24 Indian fishing right as determined under United States v. Washington,
<br /> 25 384 F. Supp. 312 (W.D. Wash. 1974) , or Sohappy v. Smith, 302 F. Supp.
<br /> 26 899 (D. Oregon 1969) , and any posttrial orders of those courts, or
<br /> 27 any other state supreme court or federal court decision.
<br /> 28 (5) Every person convicted of a misdemeanor marijuana offense,
<br /> 29 who was twenty-one_ years of age or older at the time of the offense,
<br /> 30 may apply to the sentencing court for a vacation of the applicant's
<br /> 31 record of conviction for the offense. A misdemeanor marijuana offense
<br /> 32 includes, but is not limited to: Any offense under RCW 69.50.4014,
<br /> 33 from July 1, 2004, onward, and its predecessor statutes, including
<br /> 34 RCW 69.50.401 (e) , from March 21, 1979, to July 1, 2004, and RCW
<br /> 35 69.50.401 (d) , from May 21, 1971, to March 21, 1979, and any offense
<br /> 36 under an equivalent municipal ordinance. If an applicant qualifies
<br /> 37 under this subsection, the court shall vacate the record of
<br /> 38 . conviction.
<br /> 39 (6) (a) Except as provided in (c) of this subsection, once the
<br /> 40 court vacates a record of conviction under this section, the person
<br /> 13. 5 2 SHB 2473.SL
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