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 advance for any information.
A: 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 dependent on the underlying circumstances. If it was dismissed after a deferral, you will probably need to vacate and seal the charge. Since it is also involving DSHS/DCYF, you will want to make sure that portion is handled as well. I would recommend consulting with an attorney to see what needs to be completed. I wish you the best of luck going forward!
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