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Can You Get an Expungmenet Following Dismissal on a Pretrial Agreement

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  • 03-12-2007, 11:43 AM
    pleaseadvice
    Can You Get an Expungmenet Following Dismissal on a Pretrial Agreement
    I was arrested, but not convicted. I was dismissed with prejeduce. But I want my arrest to be expunged. I just talked to the laywer and he told me that I would be denied expungment as I was dismissed on a pretrail agreement. Is that true? or should I get a second opinion? Your advice will be highly appreciated.
  • 03-12-2007, 02:15 PM
    aaron
    Re: Would I be denied expungment of my arrest?
    Laws are different in each state.
  • 04-08-2007, 02:00 AM
    pleaseadvice
    Re: Would I be denied expungment of my arrest?
    Could you advice about washington State? The case says adjudication withheld.
  • 04-08-2007, 07:55 AM
    aaron
    Re: Would I be denied expungment of my arrest?
    According to the Northwest Women's Law Center:
    Quote:

    Quoting Deleting Non Conviction Law Enforcement Records - Who Can Do This
    If you were accused of a crime, but there was never a final decision adverse to you, (a conviction, a deferred disposition, or a dismissal after completion of a sentence) law enforcement agencies, particularly the Washington State Patrol, may still have a record that you were arrested, charged, or issued a citation, in other words, accused of a particular crime. This information may exist in records even if your case was never filed with the court, was dismissed, was vacated, or you were found not guilty. Other agencies like the FBI may have been given this information also. Whether the information will be deleted depends on how much time has gone by (in which you were not a fugitive), whether you have other prior convictions, what the disposition was in this incident, and whether you have been accused of any other crimes since then. You cannot use this process if the disposition was dismissal after a period of probation or a deferred sentence.

  • 08-13-2007, 04:13 PM
    pleaseadvice
    Could you please advice
    This is the question for Aaron. Dear Aaron, I am still a bit confused about my situation, but I am going to try and explain it one more time. If this gives you enough information and you think you could tell me anything additional I would appreciate that.

    I was arrested for shoplifting a year ago this day. I did not plead guilty to this offense. I was giver a Pretrial Diversion Agreement. Under the terms of the agreement I had to pay 75 dollars to count for court costs and not a penalty and perform a 24 hours of community service by agreement and not by penalty. In three month the case was dismissed with prejudice, adjudication withheld. Case is closed.
    I know I will have an arrest record. Since I was given Pretrial Diversion does that mean that I don’t have a criminal record and have only an arrest record? Could you please help me understand. If you need any additional information to have a clear answer please let me know.
  • 08-13-2007, 05:21 PM
    aaron
    Re: Could you please advice
    If the answers you have received in your various threads are not sufficient, I suggest you discuss your situation with a criminal defense lawyer in your state.
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