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Can I get a concealed weapons permit in Washington state if I have an assault in the 4th on my record

Tacoma, WA |

Over a year ago, I took a plea so I wouldn't risk a felony on my record. It was a case over a stupid mistake that could've resulted in an assault 2 DV if I had brought it to trial and lost. Since I took the plea and got the charge dropped down to a gross misdemeanor would that affect me in trying to get a CPL?

Attorney Answers 2

Posted

I need a little more information to answer your question. What was the exact charge you pleaded to? The above answer is correct if you pleaded guilty to a Domestic Violence (DV) offense. If the charge you pleaded to was not DV, you have nothing to worry about. If it was a DV charge, you might still have some options.

One option is to withdraw your guilty plea and negotiate a non-DV charge to plead to. To do this, you would have to show that your plea was not knowing, voluntary or intelligent. That basically means, among other things, that you were unclear about the consequences of pleading. It's impossible to predict your likelihood of success without looking at your plea paperwork and the Judgment and Sentence that was entered at the time of your plea. I've withdrawn a half dozen pleas after identifying defects in either the paperwork, or the proceedings. Of course, you would be exposing yourself to the original felony if you were successful at withdrawing the plea.

You might be able to vacate the judgment against you if there were potential immigration consequences which were not fully explained to you.

You may also be able to vacate the judgment if new evidence is available which wasn't available to you at the time of plea and sentencing.

Unfortunately, it's difficult to explain all of your options without having a little more information. Any reputable Tacoma attorney will take time to speak with you to detail all of your options more thoroughly. Good luck.

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Posted

You cannot get a CPL with a conviction for 4th Assault DV. The WA DOL has a page with the requirements.

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2 comments

Asker

Posted

I don't know if the DV is on the lesser charge though. It doesn't say anything about DV on my record.

Asker

Posted

it actually doesn't show a DV next to the original offense.

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