Legal Question in Civil Litigation in Washington
Arrest vs. charges
I was arrested for theft but haven't been charged. I was offered a position with an airline but the arrest is holding up the procedure because I have no final disposition. Shouldn't this be treated as non conviction data? How do I clear this up so I can move on with my life?
1 Answer from Attorneys
Re: Arrest vs. charges
Just FYI this is not a civil litigation question.
This potential charge not non conviction data - yet. They have at *least* a couple of years to decide whether to bring charges or let it go. You won't have a final disposition until the court process finishes or the statute of limitations runs. In the event that they do not charge you can ask the WSP to expunge the non conviction data from their files in Olympia. There is one form you can get on line, but the other more useful one you have to go to their headquarters in Olympia.
Don't do that - yet.
Your best bet? You need a 1/2 hour consult with a criminal defense attorney who practices in your locality.
Theft is considered a crime of moral turpitude, and whether this is a felony or misdemeanor, a finding of guilt is going to have a big impact on your life (as you are now noticing with the job offer). If you are ever called to testify in a civil matter, the other attorney would be able to impeach your credibility just on the basis of the conviction.
So, what you can do to ensure that this does not become a conviction, is to lawyer up.
May be costly, but the alternatives could be devastating.
Hope this helps. Powell