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Questions Answered by Jennifer Melissa Azure
1 Answer | Asked in Criminal Law for Washington on
Q: Deferred prosecution in 2006. Charge was dissmissed & was to be expunged. Why did it show up on a background check?

Many years ago, I had a criminal charge that was handled on a Deferred Prosecution. I was fully complient with all terms and the charge was dismissed one year later. I thought it was to be expunged.

I'm wondering why this charge showed up and what I can do to get it expunged. Thanks in... Read more »

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 24, 2021

Unfortunately, when cases are dismissed after a deferred period, it is still considered to be a "conviction" because there was a finding of guilt. Although the case has been dismissed it may still show up on background checks as a dismissed charge. How your case would be handled is... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Washington on
Q: Trying to have my over 15 year old records sealed and esponge so I can own a fire arm again to protect my family and my

How much is it going to cost and how do I file federal statutes of limitations is way ben up

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 6, 2021

Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... Read more »

2 Answers | Asked in Criminal Law and Constitutional Law for Washington on
Q: can i own a firearm if i have stayed out of trouble from 3/7/2006 with a vucsa : possession w/intent to manufacture

no violations on doc plus

I now have a job with Boeing and have been a contributing member of society as I learned from my mistakes and have a wife and kids whom I would very much like to be able to protect legally if the situation should ever occur where I need too? Lets hope it never does...

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Jan 18, 2019

You cannot possess a firearm unless you have had that right restored by a court of law. However, if you have no other history, based upon those charges and the length of time, you may very well be eligible to restore your rights pursuant to RCW 9.41.047 Restoration of possession rights. Best of... Read more »

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1 Answer | Asked in Criminal Law and Legal Malpractice for Washington on
Q: What would be my next step after a judge refused to properly inform me of all the elements in my charge?

I went to my arrangement and asked the judge if the court we were in recognized the constitution and she stated "yes". I then asked "under which jurisdiction did the Court Plan to charge me under". And she blatantly said "I can't tell you that, you need to get a public... Read more »

Jennifer Melissa Azure
Jennifer Melissa Azure answered on May 16, 2018

Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has.

The Court is required to advise defendants of...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Washington on
Q: can an off duty cop from a neighboring county detain me and run my name then search me? Isn't that an illegal search?

the cop was on his way home and just happened to live in the neighborhood, a couple blocks from my house. when he ran my name it came back that i had a warrant out of another county (neither the county that i was in or the county that the cop was from). when it came back that i had a warrant he... Read more »

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Feb 19, 2018

The easy answer...It depends. A licensed law enforcement officer is authorized to perform their duties even when they’re off duty. These cases are highly factually specific. It depends upon the contact that was made and the situation that surrounded that initial contact. So when that officer ran... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: How to restore my rights to bear arms from a non gun affiliated felony conviction back in 1997. I was told after 7 years

It was a first time offender waiver for theft 1 and cultivation of controlled substance. The court told me then I could after 7 years.

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Dec 19, 2017

You can petition the court to restore your firearm rights if you have successfully completed all of the conditions of your sentence, have been free of criminal convictions for five or more years (since this was a felony), not currently charged with any felony or misdemeanor charge and have never... Read more »

1 Answer | Asked in Juvenile Law for Washington on
Q: My 14 yr old son was charged with 4th degree assault and arrested what will happen to him

My son got into a altercation at school where he was pushing another kid because the kid was bullying his friend. they ended up wrestling around and my son allegedly punched him in the face..they have a video of it but they cant say 100% that his fist hit the kids he's charged with... Read more »

Jennifer Melissa Azure
Jennifer Melissa Azure answered on Nov 14, 2017

Your son should qualify for a diversion agreement if he has no prior criminal history and no prior diversions. This would be completed instead of an actual court action against him. He may be required to attend a class, meet with a diversion board or some type of remedial service. The benefit of a... Read more »

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