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  1. #1
    Join Date
    Jan 2011
    Posts
    7

    Question [Wa]Statutory Rape Case Dropped - DNA Evidence Proved Me Innocent

    My question involves expungements or pardons for the state of: Washington

    I was arrested for 'Rape of a Child - 3rd Degree' (statutory rape) involving a 15 year old girl. I was 21 at the time, now 22. (RCW 9A.44.079)

    From what I understand to be the truth, the girl was cheating on her boyfriend one night, put her skirt on inside out since it was dark, and came home. Her boyfriend noticed her skirt, and had a few questions.

    I assume she cried raped to cover the cheating. She gave a random first name which matches mine.

    The alleged victim didn't want to go to the hospital, or call the cops(weird), but her family and friends did it for her anyway. They did a rape kit about 1 hour after she said the incident happened.

    A few days later, the girl's friend calls the cops, and gave them a last name which was close to mine, but not quite.


    While I was in jail for 2 weeks, they served a search and seizure warrant for my DNA. Obviously, I was happy to give them a sample of my DNA.

    I had a chance to listen to all of the recorded interviews, as well as see the papers, and you could see that it was obvious that her story was not adding up between all of the interviews.

    Finally 3 months later, the DNA results came back. They found 2 male DNA patterns in the 15 year old girl's rape kit, and of course, none of them matched mine.

    Case dropped without prejudice. (Meaning it can be refiled if the DNA was somehow mistaken)

    Now I as I was trying to get a job, an employer called me, stating they couldn't hire me because I was arrested for child rape.

    I looked at a copy of my criminal background check, and to my surprise, not only does it show rape of a child as an arrest, but it also shows 'Possess Burglary Tools'? (RCW: 9A.52.060)

    Both Rape of a child, and Possession of Burglary tools show under my 1 and only arrest on my criminal record. Someone OBVIOUSLY is making mistakes here. I think they put the Burglary tools under my name mistakenly instead of someone elses name.

    QUESTION:
    How/Can I get Rape of a Child - 3rd Degree as well as this mysterious 'Possess Burglary Tools' totally expunged off my record, so I can have a CLEAN record to live my life on? My lawyer said it's a complicated process, and he isn't comfortable doing it (even with 32 years experience)


    P.S. After going to the court house, superior court, district court, prosecuting attorney, local police department, sheriffs department, and state patrols office, nobody was ever able to find any record of this "Possess Burglary Tools" on my record. It only shows when I run my background check, and shows under the same arrest/day as my Child Rape arrest. How could this be?

    My girlfriend and I keep to ourselves, we don't have many friends, we don't smoke/drink or any of that. We make a living together, and live our lives. I've come to realize that ANYONE can have their freedom taken away for ANY reason at ANY time. Unpredictable world we live in out there, folks.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: [Wa]Statutory Rape Case Dropped - DNA Evidence Proved Me Innocent


  3. #3
    Join Date
    Jan 2011
    Posts
    7

    Default Re: [Wa]Statutory Rape Case Dropped - DNA Evidence Proved Me Innocent

    Quote Quoting flyingron
    View Post
    This thread deals with getting the arrest Expunged from my record. The other thread does not.

    Sorry for the inconvenience. Maybe I should have waited a few days before posting the other thread.

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