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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26135
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Hi, I am under Deferred Prosecution for a DUI, marijuana paraphernalia,

Resolved Question:

Hi, I am under Deferred Prosecution for a DUI, marijuana paraphernalia, resisting arrest, and obstructing a law officer. I am interviewing for a teacher position on Monday. I'm not sure what to disclose as my finger print cards have not been done (I'm doing them on Monday), but I was fingerprinted after the arrest in 2012. I was told by the Office of Superintendent of Public Instruction that FBI will disseminate what information to share with the school district and OSPI. If I am under a deferred prosecution, will these show up? How does the FBI determine what to share? These a pretty serious allegations and could cost me the job. I am worried that they will show up and there is nothing I can do about it. I need advice as to what the FBI will share, especially if I'm under deferred prosecution. Washington State Patrol says they only share convictions, but FBI gets the whole record. Does the Deferred Prosecution even help? It seems that it doesn't if all records can be seen. I know I am not convicted of them, but when does a deferred prosecution show up?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Roger replied 9 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : While you are on deferred adjudication, the arrest will appear on your background check.
Roger : However, there will be no record of any convictions because you weren't/haven't been arrested.
Roger : If the deferred adjudication is completed, then nothing but the arrest would show up, and you could likely have that expunged.
Customer:

I was arrested for the DUI, marijuana paraphernalia, resisting arrest, and obstructing a law officer. I was fingerprinted..how will this show up on FBI records?

Customer:

How does the FBI disseminate what to share with the school districts?

Roger : Anything in the public records are reported.
Customer:

Are they reported as Deferred Prosecution? How does it look when school districts get the record?

Roger : The thing is that IF you complete the deferred adjudication and if you expunge the arrest records, then no one could see the information EXCEPT the FBI. The expungement takes it away from employers from seeing it.
Roger : Right now, the only thing that should report is the arrest - - the deferred prosecution likely won't appear.
Customer:

But I am still under the deferred.It is not expunged. I was arrested because I was fingerprinted..What will the school districts see?

Roger : If the deferred adjudication is completed, then it will never appear. The only thing that you'd see is the arrest.
Roger : The arrest will be all that the school sees.
Customer:

I don't understand..they don't see what I was arrested for?

Roger : Even when you complete the deferred adjudication, your background check will STILL show the arrest unless you expunge the arrest.
Customer:

You're not answering my question, what will the school districts see? That I was arrested but don't see why, because it is in deferred? I need to specifically know what the school districts will see and not see. I am still under deferred..

Roger : Let's start over......
Roger : On your criminal background check as things currently stand, here's what will appear:
Customer:

Okay..where should I start?

Roger : YOUR ARREST
Roger : WHAT YOU WERE CHARGED WITH
Roger : That's it.
Customer:

That's everything..

Roger : The fact that you're under deferred adjudication will not appear.
Roger : This is so because you're still going through the process.
Customer:

So school districts will see everything?

Roger : IF you complete the process, you will not be convicted of the crimes, and that will be the end of it.
Roger : But, your arrest will still show up UNLESS you file for an expungement after the deferred adjudication will complete.
Roger : YES, the school will see anything that is in the public record......which includes arrests.
Customer:

So, they don't even see that it is deferred do they? They'll see them as convictions.

Roger : They should not see the deferred adjudication because it's a pending situation until you complete the terms of your deferment.
Roger : But, it WILL NOT be viewed as being convicted.
Roger : All it will show is that you were arrested for these things - - - that's it.
Customer:

So, if I am still under deferred, it doesn't matter, school districts will see everything, even if it is deferred, and view them as convictions. I don't know why you say "that's it"..it sounds like everything to me.

Roger : The arrest will not appear as a conviction of anything.
Customer:

So, if I was arrested for these things, what is specifically shared with the school districts?

Customer:

How will it look on paper?

Roger : It should state the date of the arrest and the charges.
Customer:

So, they do see everything?

Roger : They will see the arrest and the charges, but there will be no disposition listed because there hasn't been one.
Customer:

So, if there is not disposition, how will that look on paper?

Roger : It won't change from how it looks now - - it will just show the arrest and the charges.
Roger : In order to TOTALLY REMOVE everything, you would have to file for an expungement.
Roger : But, that's not available until after your deferred adjudication is completed.
Customer:

I might have well not even paid money for the DP, just got a conviction if it doesn't even matter. School districts will not hire me with these on my record.

Roger : It's going to matter in the long run because if you had been convicted, it would remain on your record forever as expungements for a conviction are rare and usually impossible.
Roger : With the deferred adjudication, you will eventually be able to remove the arrest and avoid a conviction.
Customer:

So, school districts will see my arrest and the charges, but nothing will show up as a conviction? How will they interpret that information?

Roger : They'll likely ask you the status of the arrest since there's no disposition, and you can reply that you're on deferred adjudication and that you'll have this entirely erased as soon as you complete the process.
Customer:

Will they see that there is no disposition?

Roger : Yes.
Roger : They'll definitely see that there's been no conviction.
Customer:

If they see the arrest

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26135
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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