SB 5685
In CommitteeSenate
Theft in the 3rd degree
Concerning theft in the third degree.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill updates Washington’s theft-in-the-third-degree law by clarifying what conduct qualifies (e.g., stealing 10+ pallets or crates) and making third or subsequent convictions a class C felony. It also expands options for clearing certain theft convictions after substance use treatment and reinforces rules about when vacated records can be used or disclosed.
- Raises the theft-in-third-degree threshold from $750 to $750 (no change — text appears to correct formatting only), but clarifies that theft of 10 or more merchandise pallets or beverage crates (or combination) also qualifies, regardless of value.
- Maintains that first- and second-time theft-in-the-third-degree offenses remain gross misdemeanors, punishable by up to 364 days in jail and $5,000 fines.
- Makes third or subsequent adult convictions for theft in the third degree a class C felony, carrying up to 5 years in prison and $10,000 fines.
- Expands eligibility to vacate (clear) a class C felony theft conviction for individuals who successfully complete substance use disorder treatment, allowing them to petition after 1 year instead of the usual 5 years.
- Clarifies that vacated convictions generally cannot be used in future sentencing or background checks, but can still be used in certain future prosecutions (e.g., to prove a pattern of behavior).
Who is affected
- Individuals charged with or convicted of theft in the third degree — People accused or convicted of theft involving property or services valued at $750 or less, or theft of 10+ merchandise pallets/beverage crates, who may face reduced penalties on first or second offenses but face felony charges on third or subsequent convictions.
- Individuals with prior theft convictions seeking record clearance — People with prior theft in the third degree convictions who complete substance use disorder treatment may become eligible to have their conviction vacated earlier than usual (after 1 year instead of 5).
- Victims of specific violent crimes — Victims of sex trafficking, prostitution, commercial sexual abuse, sexual assault, or domestic violence who may petition to vacate certain felony convictions under a separate process.
- Criminal justice agencies — State and local law enforcement agencies, courts, and the Washington State Patrol, which must follow new rules about sharing or using vacated conviction records.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Accelerating eligibility to vacate a class C felony theft conviction after successful substance use disorder treatment (from 5 to 1 year) creates a strong incentive for treatment engagement and supports long-term recovery by removing legal barriers to employment, housing, and education—key social determinants of health.
HealthcarePeopleRef: Sec. 2(3)Early record clearance for individuals who complete substance use treatment improves access to employment, licensing, and housing—reducing recidivism and supporting economic stability for people with prior convictions, many of whom face systemic barriers to reintegration.
Business & EmploymentPeopleRef: Sec. 2(3)Maintaining first- and second-time theft-in-the-third-degree as gross misdemeanors (not felonies) avoids over-criminalization of low-level, first- or second-time offenses—preserving opportunities for rehabilitation without lifelong collateral consequences for minor infractions.
Public SafetyPeopleRef: Sec. 1(2)Clarifying that vacated convictions generally cannot be used in background checks or disclosed by law enforcement strengthens privacy rights and reduces stigma for individuals who have completed their sentences and rehabilitation.
Rights & LibertiesLean peopleRef: Sec. 2(5)(a)Clarifying that theft of 10+ pallets or crates qualifies—even if value is under $750—helps law enforcement and prosecutors address organized retail crime rings that exploit the value threshold by stealing large quantities of low-value items, protecting small businesses and consumers from systemic theft.
Public SafetyLean peopleRef: Sec. 1(1)(b)
Potential Concerns (5)
Elevating third-time theft-in-the-third-degree convictions to class C felony status may increase incarceration rates for low-level, repeat property offenders—many of whom have substance use disorders—potentially straining correctional resources without addressing root causes of recidivism.
Public SafetyRef: Sec. 1(3)Expanding the definition of theft in the third degree to include theft of 10+ pallets or crates—regardless of value—may criminalize minor shoplifting behavior (e.g., small retail thefts by low-income individuals) that previously fell below the threshold, increasing arrests and court filings for low-value offenses.
Public SafetyRef: Sec. 1(1)(b)The five-year waiting period for vacating most class C felonies (including theft in the third degree) without substance use treatment creates a barrier for individuals who cannot access or complete treatment, disproportionately affecting low-income and unhoused people who lack resources or support systems to meet the timeline.
Rights & LibertiesLean peopleRef: Sec. 2(2)(d)While vacated records generally cannot be used in background checks, the exception allowing use in “later criminal prosecutions” to prove a pattern of behavior may still stigmatize individuals and enable enhanced sentencing even after record clearance, undermining the intent of rehabilitation.
Rights & LibertiesRef: Sec. 2(5)(a)The bill may increase court administrative costs due to additional petitions for record vacation under the new 1-year substance use treatment pathway, placing added burden on already-overburdened local courts and public defenders.
Local GovernmentLean peopleRef: Fiscal Impact
Who Is Most Affected
Low-income individuals charged with or convicted of theft—especially those with substance use disorders—benefit significantly from the early record-vacation pathway, but face increased felony exposure on third offenses. The bill’s treatment incentive aligns with harm reduction goals, but the felony escalation may disproportionately impact people experiencing poverty or addiction who lack legal support.
People with prior theft convictions who complete substance use treatment gain meaningful relief through faster record clearance, improving access to jobs, housing, and benefits. However, those unable to access or complete treatment remain subject to the standard 5-year wait, creating inequity based on socioeconomic status.
Victims of trafficking, domestic violence, or sexual assault benefit from a separate, streamlined record-vacation process under RCW 9.94A.648 (cited in Sec. 2(4)), but this provision is not directly expanded by SB 5685—it is only referenced. The bill does not alter eligibility or access for this group.
Local courts and public defenders may face increased caseloads from new vacation petitions, while law enforcement gains clearer statutory authority to identify and prosecute organized retail theft. State corrections may see reduced long-term incarceration costs if fewer third-time offenders receive class C felony sentences.
Small retailers (e.g., convenience stores, gas stations) benefit from the clarified threshold for pallet/crate theft, which helps prosecute organized theft rings that target low-value, high-volume items. However, they may also see more arrests of low-income individuals for minor shoplifting due to the clarified 10-item threshold.