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Aaron A Pelley

Aaron Pelley’s Answers

173 total


  • I was charged with a felony with intent to distribute marijuana in 1990, is it on my record still?

    I took the blame for my boyfriend who was the father of my child because he was working and he would have lost his job. Him and his mother promised to take care of me financialy if I pleaded guilty. We are now divorced. The courts told me that it ...

    Aaron’s Answer

    Just adding to the suggestions above, you can go to the Washington State Patrol Website and see whether it is still showing up in your WATCH report. They do charge a nominal fee for this. In my experience, cases like this do not usually get "erased." In order to have these types of convictions no longer appear in a background check, you need to proactively seek to have the record vacated. I have provided a link below that may provide some insight the steps in this procedure.

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  • How do I get something expunged from my record?

    I'm trying to get something expunged from my record so I can get a job. The offense was breaking a restraining order and it is at least 10 to 15 years old. Since that Time I've had no domestic violence going on in my life I've changed big time.

    Aaron’s Answer

    You are likely seeking to have something vacated from your record. There is a link below that helps explain the process and an outline of some of the requirements for vacating a misdemeanor conviction.

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  • What happens when a felony decline is sent to District or Municipal court

    If a person gets a felony decline from the Superior Court, how long does it ususally take before a person hears from District or Municipal Court. I heard in King County because of the budget cuts they are automatically sending some property or dr...

    Aaron’s Answer

    The time can vary based on so many factors. I have seen cases filed in District/Muni Court the next week. I have also seen cases where they didn't file for months. Still other cases where Prosecutor does not file at all (although this is the most uncommon scenario). The important thing to know is that the court will send notice to the last known address. If you move, make sure to update with the court.

    Pelley Law, PLLC
    701 5th Avenue, Suite 7340
    Seattle, WA. 98104

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  • I was charged with a crime and it was dismissed without prejudice, what is the statute of limitation.

    I was charged of a crime and it was dismissed on 04/30/2002 can i still be charged with the crime and why does it show up on my record. The military is counting it as if i was convicted.

    Aaron’s Answer

    This is unfortunate, but happens often. People believe that since the case has been dismissed, it is removed from your record. It shows up because Washington State Patrol still has a record of the arrest. The military is still counting it against you as a conviction because they do not know how to read the background check. You may seek to expunge this off your record, pursuant to RCW 10.97.060. To learn more view the links below.

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  • I was arrested and charged for DUI but convicted of negligent driving in WA state. What do I tell potential employers?

    I was arrested for driving under the influence (marijuana) a few years back in Ellensburg Washington. Long story short, instead of going to trial to fight it I agreed to do community service and probation and pled guilty to negligent driving. My q...

    Aaron’s Answer

    Not an immediate solution to your problem, but certainly something to keep in mind, is seeking to vacate your conviction. You would qualify 3 years after completing the terms of your sentence. This allows you, under the current statute, to tell employers that you have not been convicted of a crime. In addition, the conviction does not show up in a Washington State Patrol background check. There are some statutory qualifications.

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  • What does Trail Set Exp means ?

    What does Trail Set Exp means ?

    Aaron’s Answer

    Although I can not be certain without additional context, it may be an abbreviation for "Trial Expiration Date." This is the last available day for trial. Again, it is difficult to be certain without more info. I recommend you provide the document you are referencing to your attorney. He will be able to provide you a clear answer.

    Pelley Law PLLC
    701 5th Avenue, Suite 7340
    Seattle, WA. 98104

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  • Can a felone at the age of 27 have their record dismiss or cleared?

    felone because of auto theft

    Aaron’s Answer

    I agree with Mr. Glisson. You may find this Avvo legal guide helpful in determining whether you qualify.

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  • Expunging/Sealing a juvenile offense

    Hi, I am now an adult and it has been almost 10 years since I was convicted of a Class A Felony in the Juvenile Courts and I have not been in any type of trouble with the law since then. I was considered a low-risk (level 1) sex offender and have...

    Aaron’s Answer

    As the attorney above has noted, your case does not qualify for some of the remedies in post-conviction. You still have some options with regard to registration. You may wish to speak with a lawyer about whether you are a good candidate to be removed from registration (RCW 9A.44.140). In addition, you can petition the court seal the record, pursuant to GR-15 (but not RCW 13.50.050(11)). In sealing court records the burden is on the defendant (petitioner) to show that there is a compelling privacy and safety concerns that outweigh the publics interest in access to the court record.

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  • Are the police in WA actively prosecuting casual, social marijuana smokers?

    What are the consequences for a first offense for possession of a recreational amount, say an ounce or so?

    Aaron’s Answer

    In 2003 Seattle voters approved Initiative 75, which (supposedly) made the adult use of marijuana a low priority for law enforcement. We have not seen much change. Although there are legislative efforts (by Washington's ACLU and others) to stem this effort, police are still arresting and prosecutors are still charging for possession of marijuana. Anything under 40 grams is considered a misdemeanor and, under current law, has a mandatory minimum sentence of 1 day in jail.

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  • Job offer retracted for record found for arrest for gross msdmr charge n was deferred and dismissed back in late 02-early 03

    Yesterday a job offer was retracted from me bcoz of criminal record was found. The record was in dec 2002 for case of shoplifting with gross misdemeanor, It was deferred and then dismissed by court with paying fine of 250$ and probation of 2 yeras...

    Aaron’s Answer

    From the facts you have provided, it sounds like you were convicted. Even though it was a deferred sentence. As such, you need to have the record vacated. In the event it is non-conviction data, you can seek to have it expunged. You can learn more about vacating convictions by reading the link below.

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