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1997 Washington Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagwa0109 and id is 1 raw text is: . %J. Christine 0. Gregoire Attorney General of Washington CRIMES - COURTS - SENTENCES - PROSECUTING ATIORNEY - Effect of completion of terms and conditions of deferred imposition of sentence or of suspension of execution of sentence upon defendant's criminal history record. 1. By virtue of RCW 3.66.067, a criminal defendant whose imposition of sentence has been deferred may, after meeting such terms as the court may have established, apply to withdraw his or her plea and seek dismissal of the charges, and the court may for good cause grant such application; however, where sentence is imposed but its execution is suspended pursuant to RCW 3.66.068, the law does not authorize withdrawal of a guilty plea or dismissal of charges. 2. Whether a criminal sentence is deferred pursuant to RCW 3.66.067, or imposed and suspended pursuant to RCW 3.66.068, courts lack authority to delete or expunge the record of conviction based on a defendant's fulfillment of conditions attached to the deferred or suspended sentence; RCW 10.97 defines these records as conviction records and requires that the record of conviction in either type of case be maintained and available to law enforcement agencies and others as defined therein. January 10, 1997 The Honorable John Knodell Prosecuting Attorney Grant County P.O. Box 37 Cite as: Ephrata, WA 98823 AGO 1997 No. 1 By letter previously acknowledged, you have requested our opinion on the following paraphrased question: Does a deferred or suspended sentence imposed by a judge in district court enable a defendant to have the subject sentence removed from the criminal history record upon successful completion of the terms and Attorney General of Washington Post Office Box 40100 Olympia WA 98504-0100 Phone: (206) 753-6200 .Mir W XI

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