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How do you get dismissed charges off your record?

Olympia, WA |

Theft charge on March 2011 This is a gross misdemeanor crime . I plead guilty on April 2011 undefined yet the sentence was deferred . I complied with the conditions of my deferral and thus the case was dismissed on October , 2011 . So i was charged and plead guilty to a gross misdemeanor undefined but i was not convicted of it . The charge was dismissed . I have talked to W . S . P and this is what they've said : " Having your sentence deferred and then dismissed will disqualify you from being eligible for the expungement with us . In some instances , such as outright dismissal , no charges files , or being found not guilty , you may be eligible for the expungement with the W . S . P . " and my court says that they do not have this kind of paperwork . & to talk to W . S . P . I am tired of being around . . . HELP

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Attorney answers 4

Posted

I have been researching this for another client and finding the same as you.Their situation is different than yours and the charges are much more serious, but it essentually appears that in WA and I am sure just about everywhere eventually there will be a link to everything you do or didn't do (like facebook saying I was just in Norh Bend or at a blood drive and I was not, though I wish I had been!).
RCW 10.97.030(4) speaks of deletion pursuant to10.97.060 when charges are dismiised by the prosecutor or after acquittal at trial. it distinguishes your situation where a finding of guilt was later vacated and a dismissal entered as the finding. They call that "adverse" to the defendant and deny deletion. Take heart, deletion is only as to the public. The government, prosecutors, judges, law enforcemenrt will still see it b/c they keep it for the maximun statutorily allowed time. So both your and deleted records show all to the government. Your record shows dismissal to the public but who cares, really? In your case,employers, unless they are the government, will never know it was once a guilty.
Even juvemile records are called destroyed when they are sealed. .But the same officials have access and unseal it the charges foreverif the person later commits an offense staturorily warranting it. (See RCW 13.50.050 and13.40.127).
It's big brother! We are all being tracked on these boxes as we type. People make mistakes. Your dismissal could be interpreted by the public or explained by you simply as a prosecutor's MISTAKE: they charged the wrong person. And they occasionally do!

This information does not create an attorney-client relationship nor does it constitute legal advice. This attorney expects you to evaluate this information and independently decide how to proceed, including consulting another attorney who practices in the county in question.

Asker

Posted

I don't think lying to my future employers is the best way to go... The reason why it does matter to me is because on many applications it specifically asks: have you ever been convicted (I can say no) BUT ALSO Have you ever plead guilty. I have a dismissed charge on my record, they can easily see that in a criminal background check and I don't think telling them that it's nothing but a "mistake" is going to build their confidence in hiring me. I don't mind the government, judges, law enforcement etc. can see my information. But future employers, colleges, housing all check this too and that's where my concerns lie.

Donna Eugenia Vasilkovs

Donna Eugenia Vasilkovs

Posted

But you are entitled to say exactly that . Many prosecotors that I'v discussed it with advise me to tell my client to say just that: there was no merit to the charge. If you want to be stubbornly honest, go ahead. But that process I described allows you to state that. But that is the whole reaon for its existence. Now, if applyimg to law enforcement, military, dept.of defense, FBI, CIA, or secret servive, to name a few, approve their review of your hisrury b/c they havrrp n They will see a dismissal. They can't seemthe duilt vacate, I ootrove teir access to it beause they wii have irt anytthey will is anyway. Finally, I reciilect ayou aopparebnt young ase being asd abnojut nit arrests but mfeomny ck nvictions , froM aRBYS, dOMINOS, ANS COLLEGE. lAW SCHOOLWANREDMORE BYT ARE DIUNG THST IT SIUNDS. and never seen by the public. And yes, it does entitle you to

Donna Eugenia Vasilkovs

Donna Eugenia Vasilkovs

Posted

I wish to delete thst sabove gibberish. I dozed off anded started typing half asleep. The gist is she wants no on to see even a dismissal and I ca't find asy currant awallowing it unlless it was disnissed outright by the[prosecotor.By the way, pleaseignore the gibberish above I was dozing off and typing in my sleep? or half sleep! I certainly did not mean to send it :) sorry!

Posted

When you receive a deferred sentence and subsequent dismissal, that is considered a conviction record and WSP can disseminate that record without restriction. I was recently able to successfully move the court to prohibit this based on certain legal principles for a client of mine. If you'd like to try that, contact me.

In the alternative, you'll be eligible for vacation of the conviction in April of 2015, so you can wait until then if you want.

Donna Eugenia Vasilkovs

Donna Eugenia Vasilkovs

Posted

she does not NEEDto vacate b/c THAT wAS DONE WHEN THE DEFERRED DISPO. WAS DISMISSED IN I BEKIEVE OCT 2011

Donna Eugenia Vasilkovs

Donna Eugenia Vasilkovs

Posted

IF YOU WERE SUCCESSFUL WITH cERTAIN LEGAL PRINCIPLES, PLEASE DO SHARE! how long ago? It might havw been when the law swas m orer liberal.

Posted

The other two attorneys have the correct information concerning these issues and so contact them to help you if you want to learn what can be done and whether or not it is worth it.

Donna Eugenia Vasilkovs

Donna Eugenia Vasilkovs

Posted

Thanks, Pat.

Posted

The other attorneys have the correct information concerning your question. Washington law permits the vacation of some misdemeanor or gross misdemeanor convictions. This link from Washington Courts - Instructions for Vacating Misdemeanor and Gross Misdemeanor Convictions may give you some additional information: www.courts.wa.gov/forms/documents/CrRLJ%2009_0300.doc. Contact an attorney in the county the case was filed in.

This information does not create an attorney-client relationship nor does it constitute legal advice. Evaluate this information and independently decide how to proceed. Consulting an attorney who practices in the county in question.

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