Expungement After Diversion and Deferral

[misokitty]

My question involves criminal records for the state of: Washington

Hello,

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.

[Mr. Knowitall]

After you complete a deferral under RCW 9.94A.637, you are entitled to seek the vacation of your conviction and record under RCW 9.94a.640; there's also a provision for vacating records following deferral without a conviction for misdemeanor offenses under RCW 9.96.060. You appear to be telling us that you have already received relief under one statute or the other. What other statute are you looking at that you believe would offer you relief beyond that you've already received?

Is this "national" record you're talking about a private background check, with a company checking your history against its own database? A FBI records check? Something else?

[misokitty]

Thanks for your reply.

No, I don't believe I have received any relief from any statute. I don't understand how you gather that but to clarify I was able to obtain my CNA license because the WA DSHS and WSP views my record as "clear" with no convictions; I have a letter from them stating which I had to request. However, WSP says that although I have a clear background check in state (from what I understand) they still have record of my arrest, fingerprints and initial charges which are reported to the feds. Hence, I think why the "national background check" is showing the DV Assault 4 charges; I had 2 counts; 1 against my ex, 1 against my mother-in-law.

(My then husband had put a restraining order against me and then I also had the protection order issued by the county prosecutor. My ex used the legal system to obtain and remain with the upper hand while we were going through our divorce and used my arrest as well for leverage in gaining custody of our 3 kids until our PP (parenting plan) was complete which took a duration of 2+ years for me to get 50/50 custody back.) I currently have 50/50 custody of my children. Arrest was in '05. Mediation/divorce final in Dec. '07. Finally, received 50/50 custody in spring 2011.

The background check I did was through this online agency provided by the school: https://secure.background-checks-systems.com/
The background check results says "National Criminal Database Search" I think this is a federal background check.
Offense Code: 9A.36.041.DV Offense

I want to be able to get this expunged and deleted/sealed so that in the future if I continue with nursing school that it won't provide no hindrance and also for when I attempt to get a job.

I begin LPN school in the fall, the nursing dept. said that I can attend school but they state that there's a risk I may not be able to complete the program if the facilities used for clinicals won't allow me because of what is showing on the federal background check aka "National Criminal Database Search".

Do you have any attorney referrals for WA state. I've inquired with Dennis Burns but he was the one that said that said that I could not get my record expunged, vacated, nor sealed.

Thanks again in advance!

- - - Updated - - -

I'd like to also add which I just noticed right now on my national criminal background search / check.... it says "Dismissed Disposition" 08/24/07. Is that good, bad?