AH
WSR 97-03-089
ATTORNEY GENERAL OPINION
Cite as: AGO 1997 No. 1
[January 10, 1997]
crimes - courts - sentences - prosecuting attorney - 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.
Requested by:
The Honorable John Knodell
Prosecuting Attorney
Grant County
P.O. Box 37
Ephrata, WA 98823