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Lance Rodman Fryrear
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Lance Fryrear’s Answers

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  • Who can see expunged Domestic Violence arrest records in Washington State?

    My girlfriend was arrested for DV 2.5 years ago. The police officer said he would not have arrested her had it not been a requirement to arrest someone under WA state law (a very stupid law IMO... it should be up to the officer's discretion). As ...

    Lance’s Answer

    This is a common question at my firm. Your girlfriend did the right thing by filing the non-conviction data form with the WSP. That is the only record that she can reliably change. She can pay $10 on the WSP website http://watch.wsp.wa.gov to see if the arrest has been deleted from her official records. Employers, unfortunately, may use all types of private services to run "background checks". I often suggest that my clients in this situation pay to run their own background check on a for-pay service to see what comes up. If something comes up that is inaccurate, they can submit a request to correct the data. If the company refuses, then a lawsuit may have to be filed to for the company to correct any incorrect data. It is impossible to say with any certainty what may come up on a "background check" as there are so many services out there. I have my client contact me if there are issues so I can try and clear things up with a potential employer for them.

    As for possessing firearms there is nothing in what you have listed that would prevent someone from possessing a firearm.

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  • If I was served with a restraining order and I am going into a inpatient program and wont make the hearing what happens.

    protection order was put. in by my wife for her and my kids.

    Lance’s Answer

    If you do not appear at the hearing the Court will likely grant the permanent order by default. If you want a chance to defend and prevent the order from being issues, you should get an attorney to appear on your behalf and ask for a continuance.

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  • I need assistance with domestic abuse defense.

    What can I do? I slapped my wife. Not arrested. What can I expect? Never happened before. p

    Lance’s Answer

    The answer to this question depends on whether you have spoken to the police or not. If you have not spoken to the police, it is best to assert your right to remain silent and wait to speak with an attorney. If you have spoken to the police and were not arrested your case is likely being sent to the prosecutor for review. If your case happened in the City of Everett, one of two prosecutors will decide whether to charge you or not. You will be assigned a prosecutor based upon where the first letter of your last name falls in the alphabet. You need to contact a domestic violence defense attorney as soon as possible.

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  • How much jail time can u get for 10 counts of violating a no contact order

    Violation by phone no threats made, no other violations prior.

    Lance’s Answer

    Assuming you are not charged with a felony, the maximum jail term would be 3640 days.

    I would guess that the prosecutor would ask for much less than that however.

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  • Im wondering if my firearms rights can be restored since I had a 4th. degree assault charge in 1993 in WA. state & no felonies?

    this was 20 years ago in about 1993, I believe a Domestic Violence charge, all requirements were done, and being older now would like to start target shooting and hunting, and was thinking about a conceal weapons permit but seen the disqualificati...

    Lance’s Answer

    Yes. You should be eligible assuming you have committed no other crimes (or at least have a 5 year period without crimes), have not been involuntarily committed, completed all the terms of your sentence (including court costs), and are not currently restrained by a restraining order. The process can be simple or difficult depending on where you live and what court the conviction was in. You may be able to get through the process yourself, or you may need to hire an attorney to help you through. We just got a client's rights restored within the last hour or so - so it is doable.

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  • What can my boyfriend do if he's unable to attend drug/alcohol classes occassionally due to work?

    Although he's been contacting the facility to inform them of his work schedule, he just got locked up because his PO said he has to make every class. What are people supposed to do if they have to work? He's got a contracting business and is curre...

    Lance’s Answer

    The bottom line for any treatment issue is that if the treatment facility is happy, then probation is happy. I agree with Mr. Lawrence that treatment has to be a priority. If there is another treatment agency available, he may want to find a treatment agency that will be more forgiving regarding his attendance. You would be surprised as the difference in attitude between various treatment agencies. If a treatment agency excuses an absence, he will likely then not be out of compliance and therefore not get a violation. Be aware, however, that most terms of probation require approval of the Court to switch treatment agencies. He should talk to an attorney to see what if anything can be done from this point forward.

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  • What's the next step for "vacating a record of conviction?

    My son has met all the requirements as I read on AVVO ...been 5 years, no violence, not against a person, no trouble since 2008. What paper work does he need? Can be do this himself , price if he needs an Attorney. Class C ? Felony charge for h...

    Lance’s Answer

    If the conviction was for a felony, he needs 5 years since the certificate and order of discharge in his matter. If does not have the certificate and order of discharge, one may need to be issued backdated (nunc pro tunc), to the date it should have been issued. Once we are sure he is eligible a motion has to be drafted and served on the prosecutor and the court. Depending on the county, a court date is then set to ask the judge to vacate the conviction. A few other items are also needs, such as the Washington State Patrol conviction record and an affidavit from your son. Many attorneys offer a free consultation (we do as well). It is best to call an attorney to assist you as most people find this too difficult to do on their own.

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  • Fiancee in prison for 3rd no contact violation . Can we still betogether?

    My boyfriend is incarcerated due to a 3 rd no contact violation put threr by city police. But we very much want to be together. What can we do?

    Lance’s Answer

    I would assume that your boyfriend has been ordered to to domestic violence treatment. If he were to complete domestic violence treatment you would have a much better chance of getting the order terminated. Once he completes domestic violence treatment you would want to contact any court that has issue a no contact order and ask for a hearing to terminate the order. You may want to consider having counsel and also consulting a victim's advocate group to show the court that you know what you are doing. There are several I could recommend when the time is right. It will be hard, but nothing is impossible if the correct steps are taken.

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  • Does wa state DMV run out of state warrent checks for I'd cards

    My cousin has a felony probation violation warrent in Alaska and is trying to get a new I'd card to work... Will the DMV do a check for that

    Lance’s Answer

    They make check to see if he has a hold on his license in Alaska (which should not stop the issuance of an ID card), but they are very unlikely to care if he has a warrant as the DMV is not a law enforcement agency. No one can predict with certainty, but I would not be very worried about a warrant issue at the DMV.

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  • Can i get a misdemeanor from four years ago erased from my record?

    it was a possession of marijuana charge and if it would have happened today it would not be a criminal charge because i live in Washington state

    Lance’s Answer

    The fact that the law has changed will not make a difference in whether or not you can vacate a record of conviction in your matter. For a misdemeanor marijuana charge you need to successfully complete the terms of your sentence (including the fine), have no new criminal charges, and have 3 years pass since you finished your probationary sentence. For most misdemeanors the court will take the full two years of probation (even if you are not on active probation). This means it usually takes 5 years from your sentencing date (2 years of probation plus 3 years of lawful behavior) until you can vacate a conviction for a possession of marijuana charge. If the court only took one year of jurisdiction, you may be eligible to vacate your conviction now (1 year of probation plus 3 years of lawful behavior = 4 years as you mention in your question). You can give us or anyone else a call to look up your record to see if you may qualify at this time.

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