Legal Question in Criminal Law in Washington

Re: Dismissed or not dismissed?

Dismissed with prejudice means the judge threw the case out and it can never be brought up in court again. It should not be showing on your criminal records check or, if so, should not be used against you. You are unlikely to have recourse against the court. However, there are people that can be contacted. If you wish to retain my services we can review the specifics of what happened and I'll know who to contact/sue on your behalf.

Limited Recourse

"Dismissed with prejudice" means the prosecutor is precluded from filing that specific charge again.

Although the offense should not be showing up in a criminal history (i.e., conviction) report, the fact that you were charged with the crime is a matter of public record.

The court file is a public record; anyone can view your file at the clerk's office. The same information is easiliy accessible online through the State's judicial information services network.

It is quite common for prosepective employers and landlords to obtain "case history" reports when conducting background checks. A case history is every criminal charge and infraction that has been filed for a person.

You do not have a claim for damages arising from the disclosure of your charge/arrest.

You can seek to have the WSP destroy their record of your offense when two years have elapsed. In July 2006, a new court rule will become effective that authorizes courts to seal criminal files. Sealing is a discretionary decision for trhe court; embarassment and trouble obtaining employment will not be sufficient reasons for sealing without additional compelling reasons.

If you are unfamiliar with court rules and procedures, consult an experienced attorney who can assist you in the process of sealing records. Be advised that the court rule for sealing is new and no attorney will be able to tell you with certainty whether you will prevail.