My question involves criminal records for the state of: Washington
In 2005 I was arrested and had a DV Assault 4 charge that (from what I understand) became a dismissed diversion. I had a process of court ordered things I had to do, community service instead of fine, probation, anger management classes / program, personal counseling etc...the whole gamut. So...
I've been trying to obtain a nursing career for along time. Even prior to this incident which inadvertently turned into a long 2 year divorce / custody battle. My arrest stemmed from an unfortunate Christmas eve argument between my husband at the time and his mother. We had let his mother come and live with us and in short, what was meant to be a good thing ended up being the catalyst to our divorce.
I had 2 attorneys hired to take care of my dissolution and the criminal case. They were rather mixed and it was difficult for me to understand all that was going on. I thought that my record would have been "clean" after complying with all that the state had ordered for me to do.
I've since gotten my CNA license and was able to figure out through research and calling that I do not have any record with the WSP......however, my prospective school had done an extensive background check on me recently (2 kinds: state and national) and it had shown that for the state of Washington I have no record but for the national one everything came up the DV Assault 4 charge.
The nursing administrator suggested that I find a lawyer to get my records expunged and a local attorney had told me that I CAN NOT get my record expunged, nor vacated, nor sealed because it is a "dismissed diversion". He said the only thing he could do is to suggest I get a governors pardon.
I was shocked to say the least. I don't understand and I would like more clarification on this situation if anyone can help me. Either confirm that this is true about my situation that I cannot expunge this dismissed diversion..... am I at a loss with continuing to pursue this nursing degree? I was able to obtain my CNA license and am trying to get into an LPN / RN program. They said that they will let me get into the program but that can't guarantee that I'll be able to do clinicals at the facilities because they've been getting more strict with the background checks of students. But my situation was dismissed???
I'll appreciate any advise or help out there. Thanks in advance and thanks for reading.