Legal Question in Criminal Law in Washington

Re: arrest record

It is possible to expunge an arrest record (maintained by WSP); however, there is no authority for expunging the court file.

If in fact the judge staetd there should never have been a charge, you may be able to obtain an order expunging the court file. While there is no statutory authority for doing so, some judges will still grant such requests. If the case was filed in a superior court, legislative authority is not necessarily required. If the case was filed in a district or municipal court, it is still possible, but at a minimum, you should seek to have the dismissal code modified to indicate that the charge should not have been filed, e.g. "wrongfully accused".

Sealing the court file is not going to help you, as your name, case number and underlying charge will still be available to the public . . . and if sealed, the public would not be able to see that the charge was dismissed.

To request that your arrest record be expunged, you can write directly to WSP (visit wsp.wa.gov and navigate your way to criminal records information).

As you are out of state, it may be helpful to have an attorney assist you in the process. If you pursue a court order, there would likely be a hearing requiring your presence if you are not represented by counsel. You do not need an attorney to request destruction of an arrest record maintained by WSP.

Re: arrest record

Yes. Contact the Public Defender Service in DC 2026281200. Ask for the Attorney on Duty and he/she will forward you a package where you can fill in the blanks and send in the motion to file to have it expunged. There is a filing fee. They send you all the information in the pakcet. how to fill in the blanks, the cost, and where to file. Good Luck.

Re: arrest record

Mr. Ferris answered your question very thoroughly. If the matter is in Western Washington and you'd like assistance contact me directly.

At your service,