Fill and Sign the People of the State of New York Plaintiff V Ralph Form

Order on Motion Re Vacating Marijuana Conviction (ORVCJG, ORVCJD) - Page 1 of 2 CrRLJ 09.0200 - (07/2019) RCW 9.96.060 COURT OF WASHINGTON FOR Plaintiff vs. Defendant. No . Order on Motion to Vacate Marijuana Conviction [ ] Vacated (in full or in part) (ORVCJG ) [ ] Not vacated ( ORVCJD) Clerk's Action Required: 3, 9 The Defendant filed a motion for an order to vacate a misdemeano r marijuana conviction under RCW 9.96.060. The court heard argument of the part ies and considered the case records and files, and the pleadings submitted on the matter. The court finds : 1. [ ] Adequate notice [ ] was [ ] was not giv en to the appropriate parties and agencies. 2. [ ] The defendant was 21 years of age or older at the time the defendant committed the offense(s). The court orders : 3. Based on the motion, the court orders that the f ollowing offense(s) is/are: Count No: ____ Offense: ___________________________ _______ [ ] Vacated [ ] Not vacated Count No: ____ Offense: ___________________________ _______ [ ] Vacated [ ] Not vacated Count No: ____ Offense: ___________________________ _______ [ ] Vacated [ ] Not vacated For the counts in which the court vacated the conviction, the court further orders that: 4. [ ] The defendant's guilty plea for the offens e is withdrawn and a not guilty plea is entered. [ ] The guilty verdict for the offense is set as ide. 5. The charging document is dismissed and the judgm ent and sentence is vacated. 6. The defendant shall be released from all penalti es and disabilities resulting from the offense. For all purposes, including responding to questions on employment or housing applications, the defendant may state that he or she has never been c onvicted of that offense. Order on Motion Re Vacating Marijuana Conviction (ORVCJG, ORVCJD) - Page 2 of 2 CrRLJ 09.0200 - (07/2019) RCW 9.96.060 7. The fact that the defendant has been convicted o f the offense shall not be included in defendant’s criminal history for purposes of determining a sent ence in any subsequent conviction. Although a vacated conviction will not be used for subsequent sentencing purposes, it may be used for other purposes in a later criminal prosecution with the f ollowing exception: when a court vacates a record of domestic violence as defined in RCW 10.99 .020, the state may not use the vacated conviction in a later criminal prosecution unless t he conviction was for: (i) violating the provisions of a restraining order, no-contact order, or protec tion order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowing ly coming within, or knowingly remaining within, a specified distance of a location; or (ii) stalking. A vacated conviction for domestic violence is not considered a conviction of such an offense for the purposes of 27 C.F.R. 478.11, regarding reinsta tement of firearms or explosives rights. 8. [ ] The defendant has paid costs incurred by t he court and probation services in the amount of $__________. [ ] The defendant is indigent and costs are waiv ed. RCW 9.96.060(7). 9. The clerk of the court shall immediately transmi t a certified copy of this order to the W ashington State Patrol and to _______________________________ _____________________ (local law enforcement agency) which agencies shall immediatel y update their records to reflect the vacation of the conviction of the offense(s) as listed in pa ragraph 3. The W ashington State Patrol shall transmit a copy of this order to the Federal Bureau of Investigation. The W ashington State Patrol or local law enforcement agency may not disseminate or disclose a conviction that has been vacated under RCW 9.96.060 to any person, except to other criminal justice enforcement agencies. RCW 9.96.060(8). Dated: Judge/Commissioner Submitted by: Approved: Defendant/Attorney for Defendant/W SBA # Deputy Pro secuting Attorney/W SBA # Print Name Print Name