COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : DISTRICT COURT OF WASHINGTON FOR KITSAP COUNTY -against- : Plaintiff(s) Calendar No. JUDICIAL SUBPOENA : : , Plaintiff No. ORDER ON MOTION RE: : VACATING CONVICTION G Granted (ORVCJG) Defendant(s) : G Denied (ORVCJD) Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . Clerk's Action Required vs. I. BASIS THIS MATTER comes STATE court on defendant's THE PEOPLE OF THEbefore the OF NEW YORK motion for order vacating misdemeanor or gross misdemeanor conviction pursuant to RCW 9.96.060. The court having heard argument of the parties and considered the case records and files, and the pleadings submitted on the matter. TO II. FINDINGS 2.1 G Adequate notice G was G was not given to the appropriate parties and agencies. GREETINGS: 2.2 Defendant satisfied the following requirements of RCW 9.96.060: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court G There are no criminal charges pending against the defendant in any court of this state or another state, or located at County of in any federal court [RCW 9.96.060(2)(a)]; in room , on the day of , 20 , at o'clock in the noon, and at any recessed G date, to testify and the evidence as convicted is this action on the part of the or adjourned The offense for whichgivedefendant wasa witness in not one of the following offenses [RCW 9.96.060(2)(b)-(d)]: Driving while under the influence (“DUI”), RCW 46.61.502 Your failure to comply while this subpoena is punishable as a contempt of court and will make you liable to Actual physical control with under the influence, RCW 46.61.504 the party on whose behalf thisetc. while intoxicated, RCW 9.91.020 subpoena was issued for a maximum penalty of $50 and all damages sustained as a Operating a railroad, result of your failure to comply. A violation of chapter 9A.44 RCW (sex offenses) A violation of chapter 9.68 RCW (obscenity and pornography) Witness, Honorable RCW Court in A violation of chapter 9.68Aday of (sexual exploitation of children) County, , 20 , one of the Justices of the A violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense The offense for which the defendant was convicted does not involve domestic violence and it has been at least three years since the defendant completed the terms and conditions of the sentence, including (Attorney must sign above and type name below) restitution/legal financial obligations. RCW 9.96.060(2)(f). Or The offense for which the defendant was convicted does involve domestic violence and the defendant complied with the following conditions [RCW 9.96.060(2)(e)]: Attorney(s) for The defendant provided the prosecuting attorney's office that prosecuted the offense with written notice of this petition. RCW 9.96.060(2)(e)(i). The defendant filed the original notice with this court. RCW 9.96.060(2)(e)(i). Office and P.O. Address The defendant has not been convicted of any other domestic violence offense arising out of any other incident. RCW 9.96.060(2)(e)(ii). Telephone No.: ORD ON MT RE VACATING CONV (ORVCJG, ORVCJD) - Page 1 of 3 Facsimile No.: CrRLJ 09.0200 - (10/2001) RCW 9.96.060 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. It has been at least five years since the defendant completed the terms and conditions of the : JUDICIAL SUBPOENA Plaintiff(s) sentence, including restitution/legal financial obligations and successful completion of any treatment -against-RCW 9.96.060(2)(e)(iv). ordered. : The defendant has not been convicted of any new crime in this state, another state, or federal court since : the defendant was convicted in this matter. RCW 9.96.060(2)(g). : The defendant has never had the record of another conviction vacated. RCW 9.96.060(2)(h). Defendant(s) : . . . . . . . . . . .The. defendant .is not. currently. and. has.not .been .restrained. within the last five years by a domestic .. ....... ... ...... .. .. .. ... ...... . violence protection order, a no-contact order, an anti-harassment protection order, or a civil restraining order which restrains one party from contacting the other party. RCW 9.96.060(2)(i). 2.3 The defendant has THE PEOPLE OF THE STATE has not been convicted of any other domestic violence offense arising out of any OF NEW YORK TO other incident and has has not been convicted of a new crime since the date of conviction in this matter based upon the criminal history check of the following records: Washington State Crime Information Center (WASIC), RCW 43.43.500 et seq; National Crime Information Center (NCIC), including the Interstate Identification Index (Triple I), 28 USC Section 534; GREETINGS: Judicial Information System (JIS), including Defendant Case History (DCH) from the District and Municipal Court Information System (DISCIS), RCW 2.68 et seq. and JISCR. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before III.at the ORDER , the Honorable Court located at County of Based on the above findings, it is hereby ordered: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or3.1 adjourned The motion for order give evidence as a records ofin this action on the part of the G date, to testify and vacating conviction witness the following offense(s) is denied. Cause No: _____________________Count No: ____ Offense: _______________________________________ Cause No: _____________________Count No: ____ Offense: _______________________________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make Cause No: _____________________Count No: ____ Offense: _______________________________________ you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 3.2 G failure to for order result of yourThe motion comply. vacating conviction records of the following offense(s) is granted. Cause No: _____________________Count No: ____ Offense: _______________________________________ Cause No: _____________________Count No: ____ Offense: _______________________________________ Witness, Honorable , one of the Justices of the Court inNo: _____________________Countof ____ Offense: _______________________________________ County, day No: , 20 Cause IT IS FURTHER ORDERED that: 3.3 (Attorney is withdrawn and not guilty plea G The defendant's guilty plea for the offense listed in paragraph 3.2 must sign above andatype name below)is entered. G The guilty verdict for the offense listed in paragraph 3.2 is set aside. Attorney(s) for 3.4 The charging document is dismissed and the judgment and sentence is vacated for the offense listed in paragraph 3.2. 3.5 The defendant shall be released from all penalties and disabilities resulting from the offense listed in Office and P.O. Address paragraph 3.2 and the conviction of that offense shall not be included in the defendant's criminal history for purposes of determining a sentence in any subsequent conviction. However, the conviction may be used in a later criminal prosecution. Telephone No.: ORD ON MT RE VACATING CONV (ORVCJG, ORVCJD) - Page 2 of 3 Facsimile No.: CrRLJ 09.0200 - (10/2001) RCW 9.96.060 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA 3.6 Plaintiff(s) For all purposes, the defendant may state that he or she has never been convicted of the offense listed in paragraph 3.2. -against: 3.7 G The defendant has paid costs incurred by the court and probation services in the amount of $________. : G The defendant is indigent and costs are waived. RCW 9.96.060(4). : 3.8 The clerk of the court shall immediatelyDefendant(s) transmit a certified copy of this order to the Washington State : Patrol. and. to. ____________________________________________________(local law enforcement ............ .. . .................................... agency) which agencies shall immediately update their records to reflect the vacation of the conviction of the offense listed in paragraph 3.2. The Washington State Patrol shall transmit a copy of this order to the Federal Bureau of Investigation. The Washington State Patrol or local law enforcement agency may not disseminate or disclose a OF NEW YORK THE PEOPLE OF THE STATE conviction that has been vacated under RCW 9.96.060 to any person, except to other criminal justice enforcement agencies. RCW 9.96.060(5). TO Dated: JUDGE/COMMISSIONER GREETINGS: Submitted by: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Defendant/Attorney for Defendant/WSBA # , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed Print Name or adjourned date, to testify and give evidence as a witness in this action on the part of the 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 result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: ORD ON MT RE VACATING CONV (ORVCJG, ORVCJD) - Page 3 of 3 Facsimile No.: CrRLJ 09.0200 - (10/2001) RCW 9.96.060 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com