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If you are charged with a gross misdemenor 4 DV and the case was dismissed with prejudice before a trial/pre-trial took place.

Seattle, WA |

Can you be re-charged or the case re-filed, if the case was dismissed with prejudice before it went to trial-even before a pretrial hearing. understand that my Defense Lawyer and the prosecutor were in agreement to dismiss this case and not to pursue it. It was dismissed 30 days after my arrest. I have never been arrested before and not knowledgeable about the proceedings of the law, and what all of this means? When will my record be cleared?

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Attorney answers 3


If the case was dismissed with prejudice, it cannot be refiled. If it was dismissed without prejudice, the state (prosecuor) has up to 2 years from the date of the alleged incident to refile it. Generally, dismissals by the prosecutor are without prejudice unless the order specifically says it is with prejudice. Talk with the attorney who represented you to make sure this was a with prejudice dismissal. Your criminal record will show you were charged with the assault and that is was dismissed. The only way the charge would be completely removed from your record is if you are successful in having the record expunged. This happens rarely.


Dismissed with prejudice means the charge cannot be re-filed. You can petition the Washington State Patrol to remove this "non-conviction data" from your arrest record 3 years after the date of dismissal (assuming you stay of out of trouble between now and then).


I would only add that you may even be eligible to petition to have the record expunged two years after the record became "non-conviction data" as the result of a "disposition favorable to the defendant." Like a dismissal with prejudice. RCW 10.97.060.