Felonies, Misdemeanors And Infractions in Washington

The Washington State justice system generally classifies offenses into three categories in its penal statutes:

• Civil infractions
• Misdemeanors
• Classified felonies.

As defined by the state statutes, an offense class and the appropriate penalty may depend on the severity and circumstances around the incident.

Summarily, Washington crimes are tried on the basis of these categories. Beyond record classifications, Washington statutes of limitations determine how long the state has to file charges.

What Is A Felony In Washington?

Felonies are the most serious offenses and carry harsh penalties in compliance with the state criminal codes (RCW 9A.20.021). In the state of Washington, felonies are generally categorized into classes based on the crime severity and corresponding penalties. The felony classes are listed below:

• Class A Felony: This is Washington's most serious class of offenses. Depending on the severity of the offense and the defendant’s criminal record, the penalty can range from a fine of up to $50,000 to life imprisonment. An example of a Class A felony in Washington is first-degree murder, which is punishable by life imprisonment (RCW 9A.32.040). First-degree robbery is also a Class A felony. (RCW 9A.56.200)
• Class B Felony: Class B felonies are punishable by up to 10 years in a state correctional facility or fines of up to $20,000. Unlawful possession of firearms and first-degree extortion are examples of Class B felonies (RCW 9.41.040, 9A.56.120).
• Class C Felony: Although Class C felonies are serious crimes, they are not as grievous as Class A or Class B felonies. Promoting pornography and theft of items worth less than $5000 are Class C felonies. They are punishable by fines of up to $10,000, up to five years in a state correctional facility, or both. (RCW 9.68.140, RCW 9A.20.021).

Washington’s judicial system applies additional guidelines and provisions when imposing penalties for felony crimes. For example, first-time offenders may qualify for sentencing waivers or sentencing alternatives.

Due to the severity of felony crimes, the judicial system adheres to the state’s criminal procedure statutes in order to protect the defendant’s rights. For this reason, the state does not impose punishments that are not written in the criminal code, except in aggravating circumstances. Felony crimes that are rarely charged or newly created by the legislature are referred to as unranked felonies. If a person is convicted of an unranked felony, the judge’s sentence may include confinement, fines or diversion programs that do not exceed one year. For unranked felonies, sentences that include prison terms of more than one year are usually considered exceptional and may be justified by the court in writing.

What Are Some Examples Of Felonies In Washington?

Some of the offenses categorized as felonies in Washington include:

• First- and second-degree murder
• Sexual assault
• Sexual exploitation of a minor
• Assault with a deadly weapon
• Identity theft
• Unauthorized abortions
• Stealing a gun
• Manslaughter
• Kidnapping or unlawful imprisonment
• Homicide by abuse

The Washington Criminal Procedure stipulates that offenders may be convicted legally in a court before penalties are administered.

Felony convictions may incur other consequences outside prison sentences and fines. Examples of such consequences are a loss of civil rights and the right to DNA privacy. In addition, educational institutions may not grant admission to persons convicted of severe felonies. Other consequences of felony convictions include the following:

• Deportation of convicted legal immigrants.
• Loss of professional and practicing licenses.
• Ineligibility for some housing programs.

Can I get a Felony Removed from a Court Record in Washington?

Persons who have been convicted of felony crimes may have the crime vacated from court records under certain conditions. Per RCW 9.94A.640 of the Revised Code of Washington, offenders who have completed all the requirements of their sentence may apply to the sentencing court for a vacation. If the conditions for vacation are met, the court may clear the record by:

• Permitting the offender to withdraw their “guilty” plea and replace it with a plea of “not guilty”,
• Setting aside the guilty verdict, if an offender was convicted after pleading “not guilty”,
• Dismissing the indictment against the offender.

Conviction vacations release the offender from all penalties and disabilities incurred as a result of the offense. Convictions that have been vacated may no longer be included in the offender’s criminal history. The local law enforcement agency may not disclose or disseminate such convictions to any persons except criminal justice enforcement agencies. For all intents and purposes, offenders whose convictions or crimes have been vacated may state that they have never committed such crimes. Persons who meet the set requirements may apply to have their convictions vacated by filling out forms online or by obtaining the form from the court’s administrative office.

Is Expungement The Same As Sealing Court Records In Washington?

Conviction vacations are not the same as sealing court records in Washington. A vacation sets aside the conviction but does not completely remove or destroy the record of the offense. Such records are still accessible by certain persons or entities, unless they are sealed. A court record may be sealed if it has been vacated. The court may also seal records if safety and privacy concerns are found to outweigh the public interest.

How Long Does a Felony Stay on Your Record in Washington?

Felony convictions may stay on criminal records for life, except when they are vacated or sealed. The court might grant sealing or vacation requests if the petitioner has fulfilled the legal requirements.

For example, the court can vacate a Class B felony if 10 years have passed since the completion of the sentence and no other crimes have been committed within the timeframe. Persons convicted of Class C felonies may apply to have the convictions vacated five years after completing their sentence. Such persons should not have been convicted of any other crime in Washington or any other state in the stipulated time.

What is a Misdemeanor in Washington?

Misdemeanors in Washington are crimes typically punishable by fines of no more than $5000 or a sentence of no more than 364 days in county jail. Misdemeanors are considered more serious crimes than infractions but less serious than felonies. Furthermore, misdemeanor cases are usually heard by district or municipal courts, unlike felonies, which are under the jurisdiction of the superior courts.

In Washington, misdemeanor crimes are classified into misdemeanors and gross misdemeanors.

• Misdemeanors: Misdemeanors are the least serious offenses that are punishable by jail terms. The maximum penalty for misdemeanors includes up to 90 days imprisonment in a county jail or a maximum of $1,000 in fines. Examples of misdemeanors are shopping cart theft, prostitution, and indecent exposure (RCW 9A.56.270, 9A.88.30, 9A.88.010).
• Gross misdemeanors: A gross misdemeanor is less serious than a felony crime but more serious than a misdemeanor. The maximum punishment for a gross misdemeanor is no more than 364 days in county jail or a maximum of $5,000 in fines. Examples of gross misdemeanors include possession of stolen property valued up to $750 and possession of another person’s identification (RCW 9A.56.170, 9A.56.330)

What are some examples of Misdemeanors in Washington?

Common examples of misdemeanors in Washington include:

• Stalking
• Third-degree theft
• Theft of subscription television services
• Patronizing a prostitute
• Unlawful issuance of checks of amounts no more than $750
• Obscuring the identity of a machine
• Reckless endangerment
• Interference with the reporting of domestic violence
• Coercion
• Criminal trespass

Can I Get a Misdemeanor Removed from a Record in Washington?

Convicted misdemeanor offenders may apply to vacate the conviction at court in Washington. Vacation of misdemeanor and gross misdemeanor convictions are at the discretion of the court. The court may grant the request if:

• Three years have passed since the completion of all the requirements of the offender’s sentence
• The offender has no new convictions and is not currently charged with any crimes in Washington or any other state
• The applicant has not violated any restraining order in the five years before the application

Offenses involving domestic violence, operating a railroad or steamboat while intoxicated, and violent offenses cannot be vacated. The Washington Courts Guide to Criminal History and Court Records provides guidelines and requirements for the vacation of misdemeanor records.

Can a DUI Be Expunged in Washington?

DUI convictions generally cannot be vacated or expunged in the state of Washington. However, you can expunge misdemeanor DUI convictions or ones that have been reduced to lesser charges such as reckless endangerment. Offenders may vacate misdemeanor convictions if they meet these conditions:

• Three years should have passed since the completion of all the requirements of the sentence
• There should be no subsequent alcohol or drug violation within 10 years since the period of arrest

When a conviction is vacated, it is set aside and may no longer be part of the offender’s criminal history record. Vacation permits the offender to legally say that they were never convicted of the crime. This is quite helpful in instances where felony or misdemeanor records may be deterrents to admission or eligibility. Such instances may include college admissions and background checks for employment purposes. Nevertheless, criminal justice agencies and court officials are still able to view such records.

What constitutes an Infraction in Washington?

The Washington state code designates all offenses that are neither felonies nor misdemeanors as infractions. Sometimes called “petty crimes”, infractions are violations of statutes that are not punishable by jail time but by fines.

The district court has jurisdiction over infraction cases. Persons charged with infractions do not have the right to a jury trial. The state is also not required to provide or appoint free counsel; interested persons may hire attorneys at their own expense.Infractions in Washington are divided into traffic infractions and non-traffic or civil infractions:

• Traffic infractions: These are violations of statutes that affect the condition and operation of vehicles. They can be categorized into:
  • Moving traffic infractions: They occur when a traffic law is violated by a moving vehicle. Examples include disobeying road signs or improper lane changes.
  • Non-moving traffic infractions: Typically occur when a car is at rest, but can also include traffic laws violated while a car is in motion. Examples of non-moving infractions include driving without a seatbelt and inattentive driving. Non-moving infractions are not submitted to the Department of Licensing and may not stay permanently on offenders’ driving records.
  • Violation of pedestrian laws: This can occur through illegal street crossing and the breach of other Washington State Pedestrian laws.
• Non-traffic or civil infractions: They include licensing violations and other offenses that have been decriminalized in state or municipal codes.

What Are Some Examples Of Infractions In Washington?

Some offenses that are considered infractions in Washington include:

• Littering
• Failure to register as a contractor
• Misrepresentation of an animal as a service animal
• Selling or renting violent computer games to minors
• Plumbing without certificates
• Expired car documentation
• Traffic light violations
• Texting while driving
• Parking tickets
• Disturbing the peace
• Speeding tickets
• Walking a dog without a leash
• Jaywalking

Can Infractions be Expunged from a Washington Criminal Court Record?

Infractions such as traffic law violations cannot be expunged from Washington Criminal Court records. Traffic infractions may remain on the offender’s criminal record for up to 7 years. Such records are reported in the Washington State Department of Licensing database and may be accessible to employers and other private organizations.

For other infractions, offenders may apply for relief from judgment. Applicants may apply for relief by filing a motion and an affidavit with a court of competent jurisdiction. Upon receiving the request, the court may proceed to set a hearing date to determine whether to grant relief.

What is Deferred Adjudication in Washington?

In Washington, municipal court judges may offer deferred adjudication as an alternative to a prison sentence. This court program allows defendants to avoid jail time and to have their criminal records dismissed. Note that a deferred adjudication comes with strict conditions. Offenders may adhere to these conditions to avoid serving time for their crimes. The conditions for deferred adjudication may include fine payments or compulsory diversion programs like community service.
There are no state statutes concerning eligibility criteria for deferred adjudication for adult convictions. The court determines if an offender is eligible by considering the crime severity and number of prior convictions. Nevertheless, RCW 13.40.127 states that juvenile offenders are eligible for deferred adjudication under these conditions:

• They are not charged with violent or sex offenses.
• They do not have prior convictions for felonies.
• They have not received deferred adjudication in the past.

Note: Deferred adjudication has a five-year limit in Washington.

Types of Crimes Eligible for Deferred Adjudication in Washington

In Washington, sex or violent offenses are not eligible for deferred adjudication. Before deferring a judgment, a court may generally consider the crime severity and the circumstances around the incident. For this reason, offenders standing trial for severe felonies or crimes that affect a person’s mental well-being may find it difficult to qualify for deferred adjudication.