LegislativeLabs.ai Logo
Legislative Labs
  • Bring the Statehouse to your House.
    • FAQ

      Help using Legislative Labs
    • Support

      Contact us for assistance.
    • Legal

      Terms & Conditions.
    • Privacy

      What we do with your information.
    • Choose Your Plan

      Track, Act, Learn.
    • Analytics

      Intelligence & analytics on previous sessions.
    • Bill History

      Detailed historical bill information.
    • Sponsor Detail

      Detailed sponsor bill performance.
    • About Us

      The reason for Legislative Labs.
    • Classroom

      Bring the Statehouse to the Schoolhouse.
    • BETA

      Session Dashboard

      Live predictions on introduced legislation.
    • BETA

      Bill Drafting

      Predictions on draft legislation.
    • BETA

      Legitron AI

      Legislation made simple with AI.
    • Session Results

      Legislative session analytics.
    • Sign in

SB 5685

Momentum Bucket Early Stage
Legal Title AN ACT Relating to theft in the third degree;
Bill Description Concerning theft in the third degree.
What this bill does
Powered by Legitron
This bill amends existing Washington statutes. It changes RCW 9A.56.050 to redefine theft in the third degree to mean stealing property or services that either (a) do not exceed $750 in value, or (b) include 10 or more merchandise pallets or 10 or more beverage crates, or a combination totaling 10 or more such pallets and crates. Theft in the third degree remains a gross misdemeanor except that a third or subsequent adult conviction of theft in the third degree is a class C felony; "third or subsequent adult conviction" means the person has two prior adult convictions of theft in the third degree. The bill also amends RCW 9.94A.640 to change procedures and limits for vacation (setting aside) of criminal convictions for persons discharged under RCW 9.94A.637. It authorizes courts to clear records by withdrawing pleas, setting aside verdicts, or dismissing informations or indictments, and lists categories of offenses and situations that bar vacatur (pending charges; violent offenses or crimes against persons except certain listed exceptions when enhancements are not present; recent new convictions; statutory waiting periods for class B and class C felonies; certain specified driving-related felonies). For felony theft in the third degree, the bill allows a person who enters and successfully completes substance use disorder treatment to petition for vacation one year after the later of completion of community custody or completion of treatment. It also specifies waiting periods: a class B felony cannot be vacated if the applicant has a new conviction within 10 years or if less than 10 years have passed since release from custody or sentencing; similar 5-year limits apply for class C felonies. The amendment creates procedural permissions for victims of sex trafficking, prostitution, commercial sexual abuse of a minor, sexual assault, or domestic violence (or the county prosecutor) to apply to vacate the victim's class B or C felony conviction under RCW 9.94A.648, and assigns an administrative role to the prosecutor in that process. It describes effects of vacated convictions: they generally are excluded from criminal history for sentencing, relieve the offender from penalties and disabilities resulting from the offense, allow the person to state they were never convicted, and restrict dissemination by the state patrol and local law enforcement except to criminal justice enforcement agencies. The bill clarifies that vacatur does not prevent use of a prior conviction in later prosecutions, does not change firearm restoration requirements under RCW 9.41.040, and provides that convictions vacated on or after July 28, 2019 may still qualify as prior convictions for recidivist charging or for establishing an ongoing pattern of abuse for offenses on or after that date. The text references other statutes for definitions and eligibility (such as RCW 9.94A.637, 9.94A.030, 43.43.830, and certain driving statutes) but those definitions and the precise meaning of "discharged under RCW 9.94A.637" or of "felony theft in the third degree" in context are not provided in the extracted material.
Why it matters
Powered by Legitron
If enacted, the bill makes third-degree theft apply not just by dollar value (up to $750) but also when someone takes 10 or more merchandise pallets or 10 or more beverage crates (or a combination reaching 10), and it keeps third-degree theft as a gross misdemeanor except when a person has two prior adult convictions for third-degree theft, in which case a subsequent conviction becomes a class C felony. It also changes who can get convictions cleared and when: sentencing courts can set aside pleas and dismiss charges under specified conditions, victims of sex trafficking, prostitution, commercial sexual abuse of a minor, sexual assault, or domestic violence (or the county prosecutor) can seek vacatur of class B or C felony convictions, and people with felony third-degree theft who complete substance use disorder treatment may petition to vacate one year after completing community custody or the treatment. Vacated convictions generally are removed from criminal-history consideration for sentencing, free the person from collateral penalties, and are restricted from public dissemination by state or local law enforcement except to criminal justice agencies, but vacatur does not automatically restore firearm rights and vacated convictions from July 28, 2019 onward can still be used as prior convictions for recidivist charging or to show a pattern of abuse. The groups most affected are courts (new or clarified authority and workload to process vacatur requests), county prosecutors (new role to apply for victims’ vacatur and perform administrative duties), law enforcement (limits on sharing vacated records), and people with qualifying convictions (new options to clear records, especially those completing substance use treatment) as well as victims who can seek relief. Important details that affect who will actually qualify—like what “discharged under RCW 9.94A.637” means and the exact definitions of “violent offense” or “crime against persons”—are referenced but not provided here, so eligibility and timing for some people remain uncertain; waiting-period bars for class B felonies (10 years) and class C felonies (5 years) still apply in many cases.
Official Documents View Full Bill Text
Follow this bill

SB 5685 Position - A premium account is required to save position information.

Saving your position first...
Generating hearing testimony using your position and notes...
Generating Bill Comment using your position and notes...

Click to view plans

SB 5685 Details and Bill Topics

Details

Date Introduced 02/06/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $709,490.81

Bill Topics

CRIMES

SB 5685 Sponsors and Committee Hearings

Sponsors

Senator Lovick (Primary)

Committee Hearings

Go to SB 5685 at leg.wa.gov

SB 5685 Bill Timeline

Early Stage
1/11/2026
SLaw & Justice
By resolution, reintroduced and retained in present status.
2/5/2025
SLaw & Justice
First reading, referred to Law & Justice.

You have 3 pending action.

Legitron™ is a trademark of Legislative Labs, Inc.

© 2026 - Legislative Labs