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Question about vacating convictions in Washington state

Tacoma, WA |

My conviction is 17 years old and was DV dismissed by deferred prosecution.

On the Order to Vacate form, there is a list for (WASIC, NCIC, JIS, DCH, DISCIS). The judge is supposed to verify that records from one or all of those show no other convictions relevant to the decision to vacate.

The court clerks I have asked said they don't know if I'm supposed to supply those records. I can't find ANYBODY who knows anything about those or how I can get it or if I need to. The Washington State Patrol website said there is no conviction data for me and I paid $10 for the report.

The court clerk gave me a DCH, Defendant Case History report. Is that good enough? If not, how do I get the other records?

Attorney Answers 3


The prosecutor usually supplies criminal history to the court in support of or in opposition to the motion. They have access to NCIC and DCH. Judges have access to JIS, DCH, and DISCIS. Since you can't access those sites and already got a copy of your DCH and WSP conviction data, I think all of your bases are covered.

Good luck!

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.

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If your DUI was already dismissed, there is no practical reason to have it vacanted, since it already appears as a dismissal and not a conviction. Vacating a conviction does not result in the charge being expunged from your background.

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You referenced "DV" but I assume you meant "DUI" because you state you had a deferred prosecution? If so, successful completion of a deferred prosecution means that your case was dismissed, as you stated. This means it is not on your record as a conviction and so there is nothing to vacate.

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