| 1. |
|
| 2. |
|
| 3. |
|
Ratings. Guidance. The Right Lawyer.
Can I expunge arrest record when the record was dismissed without Prejudice?
Seattle, WA
Viewed 95 times.
Posted 22 days ago in Criminal Defense
Flag as objectionable
I was changed with misdemeanor in Washington state, and my cases was dismissed without Prejudice. And I want to expunge my record.I check the law, the file needs consist only of non-conviction data, and need two years or longer has elapsed since the record became non-conviction data as a result of the entry of a disposition favorable to you.
So my question are following: 1. Am I eligible to expunge my arrest record if it is dismissed without Prejudice not dismissed with Prejudice? 2. When expunge the record, Washington State Patrol people and FBI will destroy the record. So after expungement, How can I answer question like have you been arrest or not when I renew my visa or apply green card? 3. Is there a limit time dismissed without Prejudice can be refile? thanks Answers (4)
Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 22 days ago.
Flag as objectionable
It is clear you have done some research, and in addition you can check out the foillowing sites. After you have the basic information, the specific questions you raise will need to be discussed directly with a WA licensed lawyer familiar with the WA expungement process. Good luck.
http://www.avvo.com/legal-guides/ugc/expungement-washington-state http://www.nacdl.org/sl_docs.nsf/Issues/Expungement/$FILE/Washington_statute.pdf http://www.recordgone.com/washington.htm http://www.rosenlitigation.com/ DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. 
Shawn B Alexander
This attorney is licensed in Washington.
Posted 22 days ago.
Flag as objectionable
I agree with Mr. Bailey, it appears you are prepared to move forward, with the Olympics comming and travel to Canada restricted to persons with a criminal record this is becomming more common. I have paste a link to the statory rules below;
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.96&full=true Good Luck and hire a lawyer if the process seems daunting, it really is not that bad and judges like to seem a success story. 
John M. Kaman
This attorney is licensed in California.
Posted 22 days ago.
Flag as objectionable
Since the other lawyers who responded declined to answer pour questions, I'll give it a shot.
1) The terms with or without prejudice mean nothing in criminal law and should be avoided. Charges can always be refiled w/i the statute of limitations. The only exception is when you have been placed in jeopardy usually by the commencement of a jury trial; 2) Expungements do not necessarily result in record destruction or sealing; the best course is to make full disclosure in immigration matters; 3) As I indicated in 1 above a case can always be refiled withinthe statute of limitations so long as you have not been placed in jeopardy. 
Mark C Blair
|
