Records, Records, Records

Presenters

• Craig Adams, Pierce County Superior Court Commissioner and former DPA and Legal Advisor to the Sheriff, Pierce County

• And, all of you!!

GR 15

What should the word “expunge” mean to a Judge? And, why?

Kristina Davis, WSP.

GR 15

• GR 15 definitions of “expunge” means to destroy..

• Contrast GR 15 rule about “court documents” with criminal history documents.

• Use of the word “expunge” in statutes

• What is the purpose behind allowing defendants the “right” to expunge their records?

Kathleen Slaybaugh, Garfield Co.

State v. Riley

• Rewarding criminal defendants who remain crime free and who care enough to get their convictions “expunged”

• Employment, housing, etc.

Expunge or Vacate?

Person is convicted of forgery on plea. They are given deferred sentence. Court says that if they comply they may petition for dismissal of charge. Person does and court grants motion to dismiss. Attorney makes motion to “expunge” her criminal arrest record. Records clerk says not so fast, you need to vacate under CRPA. Attorney gets order compelling compliance. What do you do? Why?

Terri Jensen, Redmond

State v. Breazeale

• Contempt possible• Court is the “big daddy” of these• Judges do not always use the correct

language.• Be able to flow with the order(s)• Ask your attorney

Plea Bargain?

Person enters into a plea bargain on an Assault case. Judge approves and puts in language that person can have expungment if successful. Prosecuting Attorney is saying that they have to wait for 2 years under CRPA. What do you say and why?

Teri Kenning, Vancouver PD

RCW 10.97.060 and RCW 9.95.240

• Can the Judge do something outside of RCW 10.97?

• “Removal of penalties and disabilities”

Who’s the Dope?

• Person pleads guilty to marijuana possession in 1997. In 2000 court finds compliance and issues order of discharge. Defendant files motion to vacate conviction, dismiss and remove criminal history. Court vacates and dismisses but refuses to remove criminal history saying it had not been 2 years under CRPA.

• What do you say? Why?

Bryan Stoeser, WSP

RCW 10.97.060

• Is this conviction data ?• Is this “non conviction data”?• How does 10.97.060 work on these? • Language at end is “placeholder”

language.

What do I do now?

You receive an order to seal a record. What steps do you take? Where is the record kept? How do you “seal” it..

What does it mean to “seal” a record

Jeanette Carter, SoSound911

IHA (I hate acronyms)• You are reviewing a court record and it says POD.

So you ask your coworker who says, do mean CWOF? No, you say, POD. Another co-worker says do you mean PDA? You are getting a HEADACHE…what do these terms mean? How do you handle from a records perspective?

LeAnna Ristow, GraysHarbor

Do they get a cap and gown?

• You are reviewing a criminal disposition and it says “graduation from drug court”.

• What does that mean?• Is this an “adverse” disposition?• You see that the person was booked into your local

jail 10x in the past 15 months on this case. Does that change your analysis?

Kelly Doty, Spokane

Put it in neutral or is it automatic?

A person has a misdemeanor conviction for assault with a deferred sentence. Person completes sentence and court allows withdrawal of finding of guilt and dismisses case. Defendant contacts you and tells you that this automatically deletes their conviction.

Does it? What needs to happen? Why?

Karen Brezler, Kitsap Co.

Deferred Dispositions..kids stuff?

You get notified that there has been a deferred disposition in juvenile court. What the devil is that? How do you handle?

MaryLou Moore, Cowlitz

OK, what happens now?

• You are dealing with an individual who has a deferred sentence. They are under the impression that it just goes away if they are successful.

• Is it a conviction?• How should it get handled with what defendant

wants?• Does it matter what the crime was?

Shannon Haigh, Mt.Vernon

Huh? Speak English please!

You see a notation on the court file thru OAC that has the following abbreviations: AIS, TX, EHN, DDS, and VIC.

What does this mean and how to you interpret?

Kim Rood, AOC.

RCW 9.41.040(3)

• What do you do on a case where there has been a deferred sentence and the person has had the conviction vacated and now wants to get a firearm and/or a CPL?

Jesse Moore, DOL

Stump the Chump

• OK, now is your chance to ask questions. No question is too silly …at least that is what we tell you!!! No, really.

• Comments?• What can we do better for the next session?

Craig