State v. Smith

Leach, A.C.J.

¶1 Under RCW 9.94A.640(2)(d), “[a]n offender may not have the record of conviction cleared if... the offender has been convicted of a new crime in this state ... since the date of the offender’s discharge.” Jason D. Smith, whose criminal history consisted of a 1989 felony conviction from which he was discharged and a 1995 misdemeanor conviction that was later vacated, sought vacation of his felony conviction. We must decide whether Smith’s 1995 vacated misdemeanor conviction constitutes a. subsequent conviction that disqualifies him from obtaining an order vacating his 1989…