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Unknown on disposition section?

Vancouver, WA |

I was arrested, booked in 94 of trespassing. I was freed 6 hours later and never paid a fine or went to court. Did a ncic background check and the arrest shows up, but where felony or misdemeanor would be it says unknown? What does this mean and is it a problem?

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Attorney answers 2

Best Answer
Posted

that seems to suggest that there was no disposition entered, likely because no charges were ever pursued. you could confirm that by calling the court in the jurisdiction where this occurred; trespass would likely be in the municipal or district court in that town.

as to the second part of your question, its not clear what you are asking. i can imagine that it could be a problem with some potential employers, who want to know for sure that there is no conviction. it could be a problem if trying to cross the border into Canada, should the border agents run a record check (which they apparently do at random) - the individual agents have great power to decide who can come in and you might very well be asked to provide proof of a dismissal (by certified court record). but it is unlikely that it means that there is an open charge for your arrest.

Asker

Posted

Thanks for your input. I have had many background checks with multiple companies, as well as extensive international travel and even a prior FBI check in 09. This has never even shown up until this check. I was more concerned with explaining this to my new employer, if asked. I have contacted the agency it came from, they advised it hasn't been updated in their system and they will contact me when it's available with whatever the outcome was. My question is can I be charged with a misdemeanor or infraction without a court case or fine of any sort?

Christopher A Swaby

Christopher A Swaby

Posted

my guess is that you were arrested but never charged so there is no outcome listed. for a case that was charged and dismissed, there would be a criminal case number.

Asker

Posted

It shows an arrest case number. Can they give a misdemeanor or an infraction without actually seeing a judge or some kind of notification to you? Sorry to keep asking the same question, I was under the impression a hearing of some sort is needed.

Christopher A Swaby

Christopher A Swaby

Posted

every police report has a number assigned to it. that usually a different number than that which is assigned a case that has actually been charged. had criminal charges been lodged, you would have at the very least received notice of a court date or, in the case of an infraction, notice of failure to have paid a fine. if you missed a court date, a bench warrant would have been issued. i dont know why this is coming up now, but i really believe that this is a case that was never charged.

Asker

Posted

Thanks a lot. I agree with you. I was looking up the stages and I never made it to the arraignment stage. I never had any warrants or notices to appear. It was not an ncic check last time and seemed to be more of a conviction search. This ncic check checks for any issue with law enforcement, which finger prints were taken. Thanks a lot for your expertise.

Posted

Sounds like you were charged but it was dismissed. You need to check with the court where it started and see what the specific status of the case is. Then assuming it was charged and dismissed ask the clerk for paperwork to vacate/expunge it from your record so that no mention of the arrest is available any longer. You may be able to handle this yourself and not pay an attorney to do it for you. If it is more complicated than this you will have to hire an attorney to help. Good Luck

Patrick Owen Earl

Patrick Owen Earl

Posted

thank you for marking this answer/comment as helpful. That was very nice. Have a great day.