Understanding Gross Misdemeanors in Washington

Washington state categorizes misdemeanor crimes as misdemeanors and gross misdemeanors (Washington State Code § 9A.20.020). Misdemeanors or simple misdemeanors are divided into Class A, B, and C, of which Class A may correspond to felonies. However, the state classifies simple misdemeanors as less serious offenses and gross misdemeanors as more serious offenses.

Gross misdemeanor is a more serious level compared to simple misdemeanors and may carry penalties of up to 364 days in jail and a fine of up to $5,000, or both (RCW 9A.20.021). It is often the equivalent of what other state jurisdictions may define as a Class A or Class 1 misdemeanor.

Examples of Gross Misdemeanors in Washington

Gross misdemeanors are criminal offenses slightly more severe than misdemeanors, resulting in harsher punishments. The following are some examples of actions seen as gross misdemeanors in Washington:

• Driving Under The Influence (DUI): Operating a vehicle while under the influence of alcohol or illicit substances (RCW 46.61.502).
• Aggravated Assault: Intentionally causing bodily harm and fear to another person, or touching them in an offensive manner (RCW 9A.36.041).
• Repeated Stalking: Any intentional and repeated behavior to harass another person outside lawful authority.
• Theft (Third Degree): Stealing property or services at a value of up to $750.
• Hit and Run: Involving an accident with property damage and failing to stop to provide assistance or identification.

Gross misdemeanors are criminal convictions that may result in a criminal court record in Washington. Unless steps are taken to remove or conceal them, these records have long-term consequences.

Below is a table showing a summary of gross misdemeanor offenses and their possible penalties in Washington:

Penalties for a Gross Misdemeanor in Washington

A misdemeanor conviction leads to consequences that extend beyond the courtroom. Washington law states that the maximum penalty for a gross misdemeanor criminal charge is 364 days in jail and a fine of up to $5,000. However, a person may be sentenced to other penalties, depending on prior convictions or the nature of the misdemeanor offense.

Washington court judges may impose alternative penalties for a gross misdemeanor in addition to jail time and fines, including:

• Probation: Judges may impose probation within a set period for the defendant to serve a sentence.
• Community Service: Often required as part of a gross misdemeanor sentence.
• Restitution: The court may order payments to victims for damages or losses.
• License Suspension: Gross misdemeanor offenses, such as DUIs, may result in driver's license suspension.
• Criminal Record: A conviction forms part of a person's criminal record, which may impact their future decisions.

While these alternative options may mitigate the severity of state-authorized penalties, they often require strict adherence to the conditions set by the court. Judges also have the discretion to adjust gross misdemeanor sentences, taking into account any aggravating circumstances (RCW 9.94A.537) or mitigating factors to determine a just outcome. Although the process may differ when compared to felonies, as Washington's detailed sentencing guidelines govern felony sentencing only.

Probation and Alternative Sentencing Options in Washington

In Washington, a judge may not impose jail time for convictions of gross misdemeanors. For example, a person with no prior criminal record may be sentenced to alternative options, instead of time in a jail facility. Alternative sentencing may include the following options:

• Probation: This is a court-ordered supervision that allows a person to serve a sentence in the community, but under strict conditions. Probation may require regular check-ins with a probation officer, paying fines or restitution, completing community service hours, or attending substance abuse counseling. Violations may result in sanctions such as an increase in supervision, incarceration, or additional conditions.
• Community Custody: Another alternative that involves supervised release, where the defendant contributes to organizations under specific conditions. Examples of such organizations include churches, food banks, and the Salvation Army. This option usually follows a period of incarceration or jail time.
• Home Detention: Also known as a partial confinement, where a person serves a sentence at home. In some cases, defendants may be eligible for home detention, allowing them to serve their sentence under house arrest. Instead of serving time in a jail or prison facility, electronic monitoring ensures that the defendant remains at their residence.
• Work Release: An alternative program where individuals may leave the facility for authorized activities, such as work, education, or medical treatment. Participants may live under supervision but will maintain responsibilities by leaving for work or attending school, with earnings used to pay for fees or restitution.

The following are therapeutic options for individuals who are chemically (drug or alcohol) dependent:

• Drug Offender Sentencing Alternative (DOSA): An alternative designed to provide substance use disorder treatment and community supervision for individuals who have committed a drug or other statutory crimes (RCW 9.94A.660). These individuals must participate in substance use disorder treatment in lieu of prison time or a reduced prison sentence. Only those without violent or sex offenses are eligible.
• Pre-sentencing Treatment: Washington State provides opportunities for individuals to complete a drug or alcohol treatment before sentencing. This may be used to demonstrate a proactive approach and potentially avoid an active probation period.

Washington law may set the maximum penalties for gross misdemeanor, but judges still have discretion in sentencing, and counties may offer their own specific alternatives to jail time. Factors like the defendant's criminal history and the specific details of the offense play a significant role in determining eligibility for alternative sentencing.

Can a Gross Misdemeanor Be Expunged or Sealed in Washington?

No. Washington State does not allow the expungement or sealing of gross misdemeanor or adult conviction records. Instead, the New Hope Act (RCW 9.96.060) uses the term ‘vacate,’ which allows eligible individuals to file a motion to clear convictions from public view on background checks. A vacation process releases the defendant from all penalties resulting from the offense, and the fact that the person has been convicted of the offense will not be in the person's criminal history.

To be eligible to vacate a conviction, the individual must meet the following conditions:

• Completed all terms of the sentence, including paying all fines and restitution.
• A specific amount of time has passed since the completion of the sentence (depending on the type of offenses).
• There are no other criminal charges pending.
• Not been convicted of another crime during the three-year period preceding the petition to vacate.
• There is no domestic violence protection order, no-contact order, or any other court order against the defendant.

A court order to vacate a gross misdemeanor conviction permits the Washington State Patrol (WSP) to remove the conviction from the applicant’s public criminal history record and some background checks. Although conviction may remain in court records and the court records management system, it will be cleared from most public background checks. A clean background check improves job and housing opportunities, as employers and landlords cannot use it against applicants.

The New Hope Act made it easier to vacate multiple misdemeanor and gross misdemeanor convictions at once. A new conviction is no longer an automatic disqualifier for vacating a prior conviction. Furthermore, violent crimes, sex offenses, and DUIs are not eligible for vacation.

The table below shows a summary of vacation rules for first-time, multiple, and violent offenses in Washington.

Long-Term Consequences of a Gross Misdemeanor Conviction

A gross misdemeanor charge may not be as serious as a felony charge, but it may still have significant and long-term effects on a person's life. Having a conviction on a criminal record may impact a background check, which brings unexpected challenges, such as:

• Job Impact: Employers often conduct background checks as part of the hiring process, and a conviction for a gross misdemeanor may be a significant barrier to finding employment. Even a minor criminal charge, such as petty theft or reckless driving, may be unfavorable for the applicant. Jobs that require professional licenses usually have rules on hiring people with a conviction or criminal record.
• Driver’s License Consequences: Some gross misdemeanors, such as DUI charges, may result in license suspension or revocation. A criminal record or license revocation may affect a driver's ability to work or provide for their daily needs.
• Housing Difficulties: Getting a place to live may be difficult with a criminal conviction. Landlords often run background checks to screen tenants, and a past criminal offense may be a reason for denial.
• Civil Rights Concerns: The state may temporarily restrict a person’s civil rights as part of a court-imposed sentence or as a condition of probation.

The consequences of a serious misdemeanor may vary depending on the state and the nature of the offense, and will remain on background checks unless vacated by court order. However, individuals may be able to reduce conviction outcomes with plea negotiations, alternative sentencing, or applying to vacate the conviction after all sentence terms are completed.

What to Do if You’re Charged with a Gross Misdemeanor in Washington

A person with a criminal gross misdemeanor charge may proceed with several stages, from pretrial meetings to a court trial. Each step offers an opportunity to resolve the criminal charge, so it is important to understand it and know what to expect.

The first court appearance will require the defendant to understand the criminal charges, arrive on time, and present themselves in a manner that is suitable for a good impression. It is expected of defendants to appear for all scheduled hearings, unless there is a valid excuse. Keeping track of the court hearing dates will ensure that the defendant stays on top of the legal process.

Many cases involve relevant documents such as proof of employment, receipts, notes from hearings, medical records, and paperwork from the crime. Documenting and keeping these materials in one folder makes it easier to stay organized and to share information when required.

Statute of Limitations for Gross Misdemeanors in Washington

According to RCW 9A.04.080, the statute of limitations for all gross misdemeanor criminal charges in Washington is two years from the date the offense is committed. The two-year clock begins on the date of the incident, and if the court does not file the charge within this timeframe, the case may be dismissed.