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Washington State - Criminal Misdemeanor - Deferred Sentence - Need to vacate?

Bellevue, WA |

Back in June 2007, in Washington state, I plead guilty to Theft 3rd degree (shoplifting). In August 2007, I received a 12 months deferred sentence. I complied with all conditions of the sentencing. I looked at the court records today. On August 2008, my case was reviewed by a judge and dismissed. Does that mean I do not have a conviction anymore? Or should I still file a motion to vacate the conviction? In my case, there was a 3 year waiting period before you can bring the motion to vacate, and I qualify to vacate otherwise.
Thank you!

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Attorney answers 1


If your received a deferred sentence and the case was eventually dismissed, there is no way to delete that from your record. You legally can answer that you have never been convicted of a crime, even though the cahrge will likely appear on a background check.

There is no need to try and vacate anything, since the case already is a dismissal. Vacating a conviction only allows a prior conviction to appear on your record as a dismissal. From what you stated, it already shows that way.

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