In 2007 I was charged with manufacturing of a controlled substance, marijuana. The charge was due to me having one plant over the legal amount I was able to have as a designated grower for a licensed medical marijuana patient. It was a beatable charge because I was not over the legal limit of plants that I was allowed to grow. So for two years I thought the case in Superior Court. I had to attorneys and we were prepared to take it to trial because I was not going to plead guilty to a felony charge when I was doing this legally. I was so tired of going back-and-forth to court for two years that when the prosecutor offered a plea to bail jumping (I had missed one Court date months earlier but my atty let the judge know I was sick so their was no warrant issued) For the court date I had missed months earlier, and it would only be a misdemeanor charge. I agreed to the plea to get it over with. I am regretting doing so because my background report shows I was charged with manufacturing of a controlled substance, felony and it shows I plead guilty. The court has sent me a certificate and order of discharge for this. What can I do to get this fixed or off my criminal record?
"background report shows I was charged with manufacturing of a controlled substance, felony and it shows I plead guilty." The reports likely are facially correct but missing details.
You were charged with "manufacturing of a controlled substance". You did plead guilty, but to a different crime.
You should review the court file to see what information is in the court file. The court file should have information on what crimes you were initially charged with, what crimes you were charged with after the amendments, and what crimes you plead guilty to.
The court file may have the correct information but the background companies may be giving the wrong impression by leaving out that you plead guilty to something different than what you were initially charged with.
You likely need certified copies of your court judgment to show to the entities that are requesting the background check on you.
As for the official Washington records, you can run a check through the Washington State Patrol for a small fee to see what it shows. If it is incorrect, you will probably need to get the correct records from the Court and have some correspondence with the WSP to correct their records.
As for private agencies, you would have to contact them directly, and there are many. They can often have incorrect information. However, if they are credible businesses, they should be willing to update/correct their records with proof that their records are incorrect.
This is an extremely fact-specific inquiry and you will need a personalized consultation. It all depends on where this is showing up and exactly what it says.
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