COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) -againstDISTRICT COURT OF WASHINGTON FOR KITSAP COUNTY Calendar No. JUDICIAL SUBPOENA : : : , Plaintiff No. MOTION AND DECLARATION FOR vs. Defendant(s) : ORDER VACATING CONVICTION Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . (MTAF) I. MOTION THE PEOPLE OF THE STATE OF NEW YORK DEFENDANT asks the court for an order vacating his or her conviction of misdemeanor or gross misdemeanor offenses. This motion is based on RCW 9.96.060, the case record and files, and the declaration of defendant. TO Dated: Defendant/ Defendant's Attorney/ WSBA # GREETINGS: Print Name WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court II. DECLARATION OF DEFENDANT located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed I, , state as follows: or adjourned date, to testify and give evidence as a witness in this action on the part of the 2.1. On _________________________________________(date) I was convicted of the following offense(s): Cause No: _____________________Count No: ____ Offense: _________________________________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make you Cause No: _____________________Count No: ____ Offense: _________________________________________ liable to the party on_____________________Count No: ____ Offense: maximum penalty of $50 and all damages sustained as a whose behalf this subpoena was issued for a _________________________________________ Cause No: result of your failure to comply. 2.2 There are no criminal charges pending against me in any court of this state or another state, or in any federal court (RCW 9.96.060(2)(a)); Witness, Honorable , one of the Justices of the Court in The offense for which I was convicted is not one of the following offenses (RCW 9.96.060(2)(b)-(d)): County, day of , 20 2.3 Driving while under the influence (“DUI”), RCW 46.61.502 Actual physical control while under the influence, RCW 46.61.504 must sign above and type name below) (Attorney Operating a railroad, etc. while intoxicated, RCW 9.91.020 A violation of chapter 9A.44 RCW (sex offenses) Attorney(s) for A violation of chapter 9.68 RCW (obscenity and pornography) A violation of chapter 9.68A RCW (sexual exploitation of children) A violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense Office and P.O. Address Telephone No.: MT/DECL FOR ORD VACATING CONV (MTAF) - Page 1 of 2 Facsimile No.: CrRLJ 09.0100 - (10/2001) RCW 9.96.060 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 2.4 Index No. Calendar No. The offense for which I was convicted does not involve domestic violence and it has been at least three : JUDICIAL SUBPOENA Plaintiff(s) years since I completed the terms and conditions of the sentence, including restitution/legal financial obligations. RCW 9.96.060(2)(f). -against: Or The offense for which I was convicted does involve domestic violence and I have complied with the : following conditions (RCW 9.96.060(2)(e)): : I provided the prosecuting attorney's office that prosecuted the offense with written notice of this petition. RCW 9.96.060(2)(e)(i). Defendant(s) : . . . . . . . . . . . . . .I .filed .the. original. notice. with .this .court. RCW.9.96.060(2)(e)(i). ... . ..... .... ... .. ........ ...... I have not been convicted of any other domestic violence offense arising out of any other incident. RCW 9.96.060(2)(e)(ii). It has been at least five years since I completed the terms and conditions of the sentence, including THE PEOPLE OF THE STATE OF NEW YORK and successful completion of any treatment ordered. RCW restitution/legal financial obligations 9.96.060(2)(e)(iv). TO 2.5 I have not been convicted of any new crime in this state, another state, or federal court since I was convicted in this matter. RCW 9.96.060(2)(g). 2.6 I have GREETINGS: never had the record of another conviction vacated. RCW 9.96.060(2)(h). 2.7 I am not currently and have not all business and excuses being years by a you and each of you attend WE COMMAND YOU, that been restrained within the last five laid aside,domestic violence protection before order, , the Honorable a no-contact order, an anti-harassment protection order, or a civil restraining order that restrains one at the Court party from contacting the other party. RCW 9.96.060(2)(i). located at County of inI room under penalty of perjury under the laws of the,state of Washington that the foregoing is, to the best of my recessed , on the day of 20 , at o'clock in the noon, and at any declare orknowledge, true and correct. and give evidence as a witness in this action on the part of the adjourned date, to testify Signed on ___________________________, at ________________________________________, Washington. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a _______________________________________ maximum penalty of $50 and all damages sustained as a Defendant result of your failure to comply. Witness, Honorable Court in County, day of _______________________________________ , one of the Justices of the Print Name , 20 _______________________________________ Address (Attorney must sign above and type name below) _______________________________________ Attorney(s) for Office and P.O. Address Telephone No.: MT/DECL FOR ORD VACATING CONV (MTAF) - Page 2 of 2 Facsimile No.: CrRLJ 09.0100 - (10/2001) RCW 9.96.060 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com