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  1. #1
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deferred Sentence Still On Criminal Record

    I think this may be what you're looking for, even if not quite the answer you want:
    Quote Quoting DELETION OR EXPUNGEMENT
    You may request deletion or expungement of CHRI [criminal history record information] in the WSP [Washington State Patrol] if: (1) the file consists only of non-conviction data; (2) you are not under prosecution and you have not been arrested for or charged with a new crime; and either (3a) two years or longer has elapsed since the record became non-conviction data as a result of the entry of a disposition favorable to you, or (3b) three years or longer have elapsed from the date of arrest or filing of charges and you are not a fugitive and the case is not still pending in court.

    Information regarding how to make a request for deletion or expungement of criminal record information may be obtained from the WSP. Following the WSP's procedure will not delete or expunge CHRI in the possession of a local police agency. A separate request must be made to the local (arresting) police agency in accordance with that agency's procedure.

    You may not obtain the deletion or expungement of a record related to a case that resulted in a conviction or other disposition adverse to you. Examples of dispositions that are adverse to you include the entry of an order to dismiss entered after the successful completion of a period of probation, suspension, or deferral of sentence. However, when the superior court has vacated your felony conviction, the public will not have access to information about the conviction in your CHRI.

  2. #2

    Default Re: Deferred Sentence Still On Criminal Record

    this information may seem simple but im still a little confused...

    for number (1) if says non-conviction data....isnt that me???

    and if not...

    why doesnt non-conviction data apply to a deferral sentence?

    thank you so much!

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deferred Sentence Still On Criminal Record

    Because that's the way Washington's laws work.

  4. #4
    Join Date
    Mar 2009
    Posts
    1

    Default Re: Deferred Sentence Still On Criminal Record

    Quote Quoting christinebaby
    View Post
    this information may seem simple but im still a little confused... for number (1) if says non-conviction data....isnt that me???
    and if not... why doesnt non-conviction data apply to a deferral sentence?
    thank you so much!
    Christine, you have a simple misunderstanding. The sequence of events is:
    1) commit crime
    2) charged with crime
    3) trial (or plead guilty) results in conviction.
    4) Sentencing.
    5) Go to jail, go on probation, or must be good to comply with deferred sentence. If you commit another crime, the first deferred sentence will become active, and you will pay for both crimes.

    The trial/conviction (#3) and the sentencing (#4) are two separate events.
    You were convicted of a crime and that is on your record.
    The deferred sentence, just did not send you to jail because you agreed to be good from now on.
    If you want to get the conviction off of your criminal record, you should try the expungement procedure described above. But, be aware that expungement only works on government/court records. Many private companies accumulate criminal records to provide online background search. Those private companies will still have your conviction on record and it will show up on a pre-employment background check. If you are successful with your expungement, then you should write to all the private companies and ask for the conviction information to be removed from their database. There is no law to make them comply, but many of them will remove the info if you get the expungement.

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