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  1. #1
    Join Date
    Jul 2010
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    2

    Default Washington State Deferred Sentence

    My question involves a background check in the State of: Washington

    I was charged with MIP: 2b and had the sentence deferred and completed the deferral process.

    I understand that this will most likely show up on a background check, but do I have to answer yes to the question "Have you ever been convicted of any crime?" on a job application?

    I guess I don't understand if I have technically been convicted or not. I entered a plea of guilty, but then completed the unsupervised probation, resulting in a dismissal.

  2. #2
    Join Date
    Feb 2010
    Posts
    1,299

    Default Re: Washington State Deferred Sentence

    If the case has been dismissed, then it will not show up on any background check. Furthermore, a dismissed case means that you were NOT convicted.

    Let's say you were charged AND CONVICTED with RCW 66.44.270 (2)(b), a gross misdemeanor. The question is generally phrased: "Have you ever been convicted of a felony? If so, what:" The answer to that question would be no. However, there are some exceptions.

    The only time I have ever seen this is in work for the government. The question would be phrased: "Have you ever been convicted or found to be in violation of any law, other than a traffic citation?" The answer to that question would be yes.

    But, if what you say is correct, and there certainly was a dismissal, then the answer to any of the above questions is "no."

    Brendan

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Washington State Deferred Sentence

    I see, thanks for your help.

    I did receive a document stating the dismissal was only on the court level. Is there such a thing as a dismissal only being on the court level?

    I guess that is where I am kind of confused, as I have heard many varying things from different people. My lawyer at that time told me it would likely appear on a background check, but I should still answer yes. But at the same time could I not still truthfully answer that I haven't been convicted if it was dismissed, even if it was "only at the court level"?

    I feel like there is no reason to answer yes and automatically be less likely to get a job if I can truthfully answer that I have not been convicted.

  4. #4
    Join Date
    Sep 2005
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    Posts
    74,848

    Default Re: Washington State Deferred Sentence

    I disagree that a dismissal of itself will prevent an arrest or charge from showing up on a background check. See this information (from Washington County) on expungement of arrest records following dismissal.

    If your charge was dismissed without the entry of a conviction, you weren't convicted of the offense.

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