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Will an expunged arrest record still show up on an FBI CBC?
Anonymous3 views3 answers
Hello,
In 2004, I was arrested and charged with a DUI/Possession of Marijuana in King County Washington by the Washington State Patrol. The charge of DUI was later reduced to Reckless Driving, and the Possession of Marijuana charge was dropped(dismissed). I have not had any arrests or run ins with the law since that incident in 2004 and would like to inquire if
1) all charges could be expunged
2) the process involved
3) if the arrest record would still show up on an FBI Criminal Background Check after expungement.
You should be eligible to have the charges vacated and dismissed. Ultimately it is within the discretion of the court to grant or deny your request. Because the charge was originally filed as a dui and you have multiple charges the court may deny your motion. It's probably worth trying as the worst they can say is no.
You will have to take additional steps to ensure that the information is removed from the state and national databases.
There is no statutory provision in Washington State for expunging criminal history records.
You may, however, seek to have your conviction for Reckless Driving vacated under RCW 9.96.060. Once the conviction has been vacated you can legally state that you were never convicted of the crime of Reckless Driving.
Once the conviction has been vacated you can ask the court to sign an order instructing the Washington State Patrol and any local law enforcement agency that was involved in your arrest to delete all information relating to your arrest. Such a motion is often incorrectly referred to as a motion to expunge and is brought under authority of RCW 10.97.070.
Having the your conviction vacated and the arrest record deleted (expunged) will not prevent such information from turing up in a background check.
