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Aaron A Pelley

Aaron Pelley’s Answers

173 total


  • I have three felonys. five years old. will i ever be a gun owner? how can i protect my family in a emergency?

    help me please respond@ joe_lowry@yahoo.com

    Aaron’s Answer

    The answer depends on having additional facts. You can review the link to the information article below, to determine whether you qualify for restoration in Washington State. Once you have determined if you qualify you will need to schedule a hearing date at the court that originally sentenced you, and notify the prosecuting attorney who was involved in your case. This process varies from court to court, so it's best to contact the court clerk and ask about the rules for scheduling a hearing and notifying the prosecuting attorney. In addition, some courts require a civil petition, while others allow the petition to be done under the criminal cause number. In the alternative, you can contact a defense attorney and have the lawyer petition the court.

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  • In the state of Washington how soon can I try to get a prior conviction expunged

    i was caught shoplifting in October '08 i was taken to the police station, i gave my details,finger prints and photo was taken. they gave me a £90 fine as it is my first offense.but then i got charge £625 (which i paid off as soon as i could) a...

    Aaron’s Answer

    It sounds like you were charged with, and plead guilty to, third degree theft. Assuming that is true, after three years you would be able to vacate your record from the Washington State Patrol Criminal History Section. You'll notice we use the term vacate, not expunge in Washington State. There is an information article below that provides more information on the statutory requirements and procedures for having a misdemeanor charge vacated. You should discuss your circumstances with an attorney in your area since each circumstance for vacating a conviction is unique.

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  • Shop lifting, 18 years old

    My 18 yr old daughter got caught shoplifting at a drug store. She stole mascara and the security said that if you steal property that's worth more than ten dollars, you automatically pay a fine of no more than 200 + the cost of the fees. They had ...

    Aaron’s Answer

    The drug stores fine was the civil action. Whether the State (the Prosecutor) decides to take action will depend on whether they believe they have a case to bring and the resources to prosecute. In the future, consider contacting a lawyer before paying any fines. In this case the civil fines might have been negotiated for a compromise of misdemeanor, thereby allowing the case to be dismissed. Since you have already paid, you simply need to wait to see whether the case will be filed. Third degree theft is a gross misdemeanor and no gross misdemeanor may be prosecuted more than two years after its commission. RCW 9A.04.080(1)(i)

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  • I was arrested for shoplifting when i was 17, so now i am 21 will that be still in my record?

    can it go away for my record. Because i remember when i took the class that it can go away but how?

    Aaron’s Answer

    I wanted to add that if this was a juvenile conviction, there is a different procedure than provided in the answer above. Many of the requirements are set forth below in the link to the RCW. In short, you need to have paid restitution and fines. Also there are:
    no courts seeking a diversion agreement against you
    no courts seeking a conviction against you for a juvenile offense or adult crime
    new criminal law violations
    AND
    for a misdemeanor: 2 years passed since your case's disposition.

    If you have additional questions about the requirements, feel free to contact us.

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  • I was arrested for shoplifting when i was 17, so now i am 21 will that be still in my record?

    can it go away for my record. Because i remember when i took the class that it can go away but how?

    Aaron’s Answer

    It is (and will be) on your Washington State Patrol Criminal History. However, you can seek to have it vacated. In order to do so, you need to take some affirmative steps. Below is a link that will provide some additional information regarding the requirements and procedure.

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  • What is third degree theft?

    What is third degree theft?

    Aaron’s Answer

    You can view the link below that will further explain theft in the third degree and the related offenses. However, in short, the value of the stolen item or service determines the consequence for theft. If the item or service is worth less than $250 it should be charged as theft in the third degree. Theft in the third degree is considered a gross misdemeanor. If convicted of a gross misdemeanor, the maximum sentence is 365 days in jail and/or a $5,000 fine.

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  • Does an assault to the 4th Degree in State of WA, committed before the age of 18 (now 18) still show up on record?

    At the age of 16, in the state of Washington, I got an assault to the 4th degree. It's been over two years since, and have had no previous run ins with the law, and none after this event. I am looking for jobs, and keep coming across the quest...

    Aaron’s Answer

    You can get a sense of what is showing up in background checks by going to Washington State Patrol's website and ordering your WATCH report (see the link below). Washington State Patrol Identification and Criminal History Section is a primary source for providing criminal history conviction records for the state of Washington.

    Also, you may qualify to have your record sealed. For gross misdemeanors, as a juvenile, you can ask the court to seal the criminal history record pursuant to RCW 13.50.050.

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  • How do I get a mesdomeaner off my record that I did community service for?

    I got a false report to an officer because some guy took my car for a test drive and didnt come back for 3 days and put the car in his name and I got a mesdomeaner for it and I dont think that Is right because my lawyer at the time told me to plea...

    Aaron’s Answer

    I believe, based on my reading of your question, you need to seek a vacation of misdemeanor. Each court has its own way of handling a vacation of conviction but there is a link below that provides a basic overview of the procedure.

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  • How to expunge my arrest record?

    I was arrest for DV in June 2008 and the case was dismissed before arraignment. I want to know the process and also if this record will show up in back ground checks. Also how will this affect my immigration status, I'm on H1B visa. Thanks.

    Aaron’s Answer

    The outline for the process to delete non-conviction data can be found by clicking the link below. The process is controlled by RCW 10.97.

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  • I got a malicious mischief 3 and plead guilty. Will this affect my getting a job?

    When will I be able to get this expunged from my record.

    Aaron’s Answer

    Malicious mischief in the third degree is a misdemeanor. As such, you can likely have this vacated from the Washington State Patrol Criminal History Records three years from the date you have completed the terms of your judgement and sentence (unless this was a domestic violence plea, then 5 years). You can read the link below for additional information regarding vacating a misdemeanor conviction.

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