What do I do when I receive an Order Vacating Conviction in a criminal case?

RCW 9.94A.640 (Vacation of offender's record of conviction--formerly RCW 9.94A.230) states that every offender who has been discharged under RCW 9.94A.637 (Discharge upon completion of sentence -- Certificate of discharge -- Obligations, counseling after discharge--  formerly RCW 9.94A.220) may apply to the sentencing court for a vacation of the offender's record of conviction.

If an order to vacate a conviction pursuant to RCW 9.94A.640 is issued, you should do the following:

1.  Change the result code for each charge covered by the order to "V" (Vacated Conviction--Pursuant to RCW 9.94A.640).

2.  If there are no remaining guilty counts for the defendant, then change the defendant resolution code to "VOC" (Vacation of Conviction), and change the associated defendant resolution date to reflect the date of the order.  (The defendant [DEF] resolution code and date are entered on the Charge Screen.)  In multiple-defendant cases, only change the defendant resolution code for the defendants who have received the post-conviction vacation.  [Note that for single-defendant cases, the only instance in which you do have to enter the defendant resolution code is for these rare cases in which there is a vacation of conviction pursuant to RCW 9.94A.230.]

3.  If there are no remaining guilty counts for any of the defendants, then change the case resolution code to "STCL" (Statistical Completion).  (The case resolution code and date are entered on the Basic Screen.)  Do not change the case resolution date.  If there are remaining guilty counts for any defendant, then let the original case resolution code stand.

Note that vacated convictions are not reported in the caseload statistics. 

For superior courts, see the Superior Court Statistical Reporting Manual.

For courts of limited jurisdiction, see the JIS Online Manual, Finding and Judgment Processing topic.

RN ID: 155   |    Published 11/03/2003 03:43 PM   |    Updated 10/22/2021 08:19 AM