I have an Assault 4 charge from a few years ago I want to get taken off my record, but I just got charged with DUI. If I do a deferred prosecution on the DUI will I still be able to get the old charge off my record once the deferred prosecution is over?
In many cases the answer to this question is yes. If the Assault 4 charge was not a domestic violence charge, and you have no other convictions or pending charges at the time you are asking the court to clear your Assault 4 charge, you would likely qualify under the relevant statute, RCW 9.96.060. You would not qualify, however, until you successfully completed the deferred prosecution and had the DUI dismissed. (This takes 5 years)
If your Assault charge was in Seattle, you can find the link to their instructions for clearing your record in their court below. I have also included a link to the RCW.
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