Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Does a Deferred Sentence do the Same Thing As Vacating a Record

    My question involves criminal records for the state of: Washington

    I got a possession of marijuana charge nine years ago and got the sentence deferred. I payed the fines and served the probation period of one year. Two years after the probation period was over I got another possession of marijuana charge and pled guilty. It has been nearly seven years since that happened. I want to vacate the most recent possession charge off my record. I know that you can not vacate a record if you have already vacated one. What I am wondering is if my first possession that was a deferred sentence counts as vacating a record? Will that first offense prevent me from vacating my second one?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does a Deferred Sentence do the Same Thing As Vacating a Record

    The term "deferral" refers to the fact that if you successfully complete a period of supervision the charge will be dismissed (or a conviction won't be entered). Nothing in that term suggests that the record will also be vacated. The statute governing the vacation of sentences, RCW 9.96.060, suggests that the term relates to a post-conviction remedy - something you request after serving all conditions of your sentence - as contrasted with a deferral.

    That said, I cannot promise you what procedure the court followed in your original deferral, so I cannot guarantee that the court didn't for example vacate your conviction under that statute at the end of the period of supervision as opposed to never entering a conviction; that's something you will have to verify.

    1. Sponsored Links
       

Similar Threads

  1. Expungement and Sealing: Clearing My Record After a Deferred Sentence and Dismissal
    By mj34 in forum Criminal Records
    Replies: 2
    Last Post: 08-09-2009, 06:20 AM
  2. Criminal Records: Deferred Sentence Still On Criminal Record
    By christinebaby in forum Criminal Records
    Replies: 11
    Last Post: 03-31-2009, 09:10 AM
  3. Criminal Records: What's Left On My Record After A Deferred Sentence
    By Confused&Concerned in forum Criminal Records
    Replies: 1
    Last Post: 01-04-2008, 12:26 PM
  4. Retail Fraud / Shoplifting: Discrimination Over Record Of A Deferred Sentence
    By christinebaby in forum Criminal Charges
    Replies: 26
    Last Post: 05-19-2007, 08:10 AM
  5. Expungement and Sealing: Does your arrest record stay with a deferred sentence?
    By reallyconfused in forum Criminal Records
    Replies: 4
    Last Post: 09-14-2005, 10:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources