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Emily Caitlin Beschen

Emily Beschen’s Answers

20 total


  • Can I answer no to being arrested and being on probation if all of my charges were dismissed in court

    I am applying for a job that asks if I have ever been arrested, been convicted, or been on probation. My question is do i need to answer yes to any of these if my charges were dismissed in court. I was on pre-trial probation while going through th...

    Emily’s Answer

    I agree that you should be very careful. Around 80% of businesses perform background checks on applicants, so be cautious about failing to disclose something that they will see in a background check. Doing so could result in them moving onto the next applicant because they think you are being dishonest.

    You may want to call the attorney who represented you on the charge and see if they can provide you with more insight into whether you were arrested or placed on probation (as opposed to pre-trial monitoring).

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  • Will a misdemeanor theft on my record from 8 years ago affect me becoming an Registered Nurse? I am applying to nursing school.

    I was mixed with the wrong people, going through hard times and I stole various items under $100 from a store and was charged with a misdemeanor theft (not sure the other terms used, such as "petty" etc.) My record is clean other than that.

    Emily’s Answer

    Having a criminal history will not automatically bar you from becoming licensed as a nurse in the State of Washington. However, when you submit your application to the Department of Health you will be required to disclose the conviction and provide supporting documentation for them to consider.

    It may be worthwhile to get the conviction vacated, and it sounds like you would qualify under the statute based on the limited information. To start that process, either contact the clerk at the court where you have the conviction and ask if they have a packet with forms and instructions you would need to start the vacating process (some courts do and some do not). You could also hire an attorney to assist with that process (best if you find one in the same county as that court). Sometimes the process could take a few months so you are wise to start sooner rather than later.

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  • Is it possible for me to expunge my gross misdemeanor theft charge in Washington if I have multiple convictions in other states?

    about 7 other misdemeanors outside of Washington.

    Emily’s Answer

    You can vacate only your most recent conviction in under Waahington State law. So if the Washington conviction is the most recent, and you meet the other requirements, then you should qualify. If the convictions in the other states are more recent, then you will not qualify.

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  • Missed misdemeanor case in Washington, now what? (please read details) im freaking out

    im an 18 year old college student. in October I was a t a party that got out of control and turned into a "riot". I was there, but left when things got out of hand. It is now December 10 and in my mail box I received a letter from the local munici...

    Emily’s Answer

    You can quash warrants in Bellingham Municipal Court Fridays at 10:30. You should get in touch with a Bellingham criminal defense attorney to assist you with noting a motion to quash the warrant (either hire someone or see if you qualify for a public defender). WWU has a legal information center in the VU that may have referrals for attorneys.

    Likley a $100 warrant fee has been applied in your case, but your attorney can ask the court to waive it given the circumstances.

    And, do not freak out. This happens to a lot of people. What's important is that you are taking care of it now and not ignoring the summons.

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  • Court filed wrong charges?

    In 2008, In Washington state, I was arrested on charges of shoplifting and minor in possession. I kept all my court documentations, including the document stating the final findings. I was given a plea bargain offer that if I confess to M.I.P., th...

    Emily’s Answer

    If you have not already done so order your criminal history from the Washington State Patrol to verify if that information is incorrect. If it is, you can submit corrections/challenges to that criminal history using their form found online.

    http://www.wsp.wa.gov/crime/docs/misc/modification_record_request.pdf

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  • How do I find an attorney specializing in ADA (Title II) and civil rights violations of the disabled by police departments?

    Our case involves false arrest, denial of ADA Title II rights to an interpreter (for the Deaf), absence of Miranda, probable 1st and 4th Amendments violations, jail (also without interpreter services), and more. We are in Washington State and wou...

    Emily’s Answer

    Look for civil rights attorneys in the county he was arrested. If that doesn't work, you can also call the national advocacy for the deaf and ask for assistance locating a suitable attorney.

    http://www.nad.org/issues/about-law-and-advocacy-center

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  • Can a person be charged with malicious mischief for destroying community property?

    The wife called the police to "scare" the husband after he broke a door with his first during a verbal fight; she did not want him arrested, nor did she press charges. The police arrested him, in spite of the wife's protestations, saying that it ...

    Emily’s Answer

    Yes. A person can be charged with malicious mischief for damaging community property. The laws regarding malicious mischief are found in RCW’s 9A.48.070, 9A.48.080, and 9A.48.090 (Malicious mischief in the 1st, 2nd, and 3rd degree). "Property of another" is defined in the statute as “property in which the actor possesses anything less than exclusive ownership.” Since your friend would not have had exclusive ownership over community property he can be charged.

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  • Drug testing when being considered for employment, is Marijuana a legal reason not to hire?

    So now that Marijuana is a Legal Drug voted in by the people here in the State of Washington, how can I be accepted to start work for the State or a Company then when thc is found in my body after a drug test --- I am now not hired ONLY because of...

    Emily’s Answer

    • Selected as best answer

    Despite the fact that marijuana use is no longer criminal, employment decisions can still be based on use of marijuana. I have included a link to more information on employer testing for marijuana after the passage of I-502.

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  • What is the diffference between "dismissed without prejudice" vs "dismissed with prejudice"? and does either one come up later?

    will either dismissal show up for instance in a background check for employment, rentals, etc?

    Emily’s Answer

    When a criminal prosecution is dismissed with prejudice, it means the charge can’t be refiled. When it is dismissed without prejudice, the prosecution could decide to refile.

    There are all sorts of different companies that preform background checks, and some of those provide information only about convictions, while others could include information about arrests as well. Some landlords and employers, use the Washington State Patrol to conduct background checks. You can order a report yourself from the Washington State Patrol by going to their website (I've added the link below). That way you can see for yourself what would appear on your record if your background report was ordered through them.

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  • Is it legal for my employer to not pay for my 2 - 15 minute breaks during my 9 hour shift because I take an hour and 15 minute l

    this is new thing that my employer is trying to implement

    Emily’s Answer

    Generally, 10 minute rest periods are paid. I'm attaching a link to the LNI Workplace Rights sheet which lays out what breaks are required, when, and whether an employer is required to pay for them or not.

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