1. (1)

   1. (a) A victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence as defined in RCW 9.94A.030 may apply to the sentencing court or the sentencing court's successor to vacate the victim's record of conviction for a class B or class C felony offense.
   2. (b) The prosecutor of a county in which a victim of sex trafficking, prostitution, [or] commercial sexual abuse of a minor; sexual assault; or domestic violence was sentenced for a class B or class C felony offense may exercise discretion to apply to the court on behalf of the state recommending that the court vacate the victim's record of conviction by submitting the information required in subsection (2) of this section. If the court finds the application meets the requirements of subsection (2) of this section, the court may decide whether to grant the application to vacate the record.

2. (2) In order to vacate a record of conviction for a class B or class C felony offense committed as a result of being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; domestic violence; or sexual assault, the applicant must meet the following requirements:

   1. (a) Provide an affidavit under penalty of perjury stating the specific facts and circumstances proving, by a preponderance of evidence, that the offense was committed as a result of being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; domestic violence; or sexual assault;
   2. (b) There are no criminal charges against the applicant pending in any court of this state or another state, or in any federal court for any offense other than prostitution;
   3. (c) If the victim's offense is a class C felony, the offender has not been convicted of a new offense in this state, another state, or federal or tribal court in the five years prior to the vacation application;
   4. (d) If the victim's offense is a class B felony, the offender has not been convicted of a new offense in this state, another state, or federal or tribal court in the 10 years prior to the vacation application;
   5. (e) Provide proof that the crime victim penalty assessment, RCW 7.68.035, has been paid in full; and
   6. (f) If applicable, restitution owed to any victim, excluding restitution owed to any insurance provider under Title 48 RCW, has been paid in full.

3. (3) An applicant may not have a record of conviction for a class B or class C felony offense vacated if:

   1. (a) The offense was a violent offense as defined in RCW 9.94A.030 or crime against persons as defined in RCW 43.43.830, except the following offenses may be vacated if the conviction did not include a firearm, deadly weapon, or sexual motivation enhancement:

      1. (i) Assault in the second degree under RCW 9A.36.021;
      2. (ii) assault in the third degree under RCW 9A.36.031 when not committed against a law enforcement officer or peace officer; and (iii) robbery in the second degree under RCW 9A.56.210;
   2. (b) The offense was a felony described in RCW 46.61.502, 46.61.504, or 46.61.5055; or
   3. (c) The offense was promoting prostitution in the first or second degree as described in RCW 9A.88.070 and 9A.88.080.

[ 2021 c 237 s 3.]