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WA state criminal code, procedure to expunge seal criminal history, record

Asked over 3 years ago - Seattle, WA

One was arrested and got deferred sentence. After one year probation, the case is dismissed. What does "dismiss" mean?

After the case is dismissed, If doing a background check, what could be found? Does the charge show in background check?

After the case is dismissed, is it still needed to expunge/seal the record?

Thank you in advance for your answer.

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Attorney answers (2)

Justin T Collier

Reputation Level 5

Answered over 3 years ago. Criminal Defense Attorney in Wenatchee, WA.

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It sounds as if you did a "true" deferred sentence. This is when you enter a guilty plea and if you comply with all terms of your probation (pay the fines, stay out of trouble, do any jail time, etc.) then the case is dismissed. In my experience it shows as DD on your criminal history which is dismissed on a deferred.

The background check will most likely show these charges at this time. You are free to answer that you have never been convicted of a crime as the charge was dismissed, but it would show on a private party background check. You would need to seal and expunge the record.

You could try this yourself or contact an attorney. The way you seal and expunge differs on whether the charge was a Juvenile charge, misdemeanor charge, or an adult felony.

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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The court documents would have to be reviewed to find out what actually happened.

You likely had an agreement with the prosecutor that if you complete your side of the agreement, the prosecutor would no longer pursue the case. There likely is no conviction against you.

However, court records are generally public records. Many companies collect all court information and resell the information. Within the year that you are waiting for the case to be dismissed, the private companies likely have already collected the court information.

While the court would not hold the dismissed case against you, private employers have no such inhibition. Once public information become data in private databases, it likely is improbable to get rid of that information from the private databases.

Even if you are able to convince the court to seal the file, the private companies have already loaded the court records into their databases. The court likely has no authority to order the private companies to erase or not resell their information.

Some companies are skittish about whom they hire even if the potential employee is not legally convicted. Depending on what your case was about, some companies may not consider you in hiring.

If you got a deferred sentence, did you talk with your attorney about potential consequences? You may want to review your facts and options with your attorney or another attorney.

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