Legal Question in Criminal Law in Washington

DUI/Negligent Driving

I was charged with a DUI and it was amended to Neg. Driving 1st degree and pled guilty in 2000. I spent NO time in jail, reported to a probation officer for a year and took A&D evaluation and a DUI panel and of course paid my fees. I had a court appointed attorney for this matter. I did have my license suspended for 90 days.

On job applications, when they ask if I was ever convicted of a felony or misdemeanor, do I say yes? Is Neg. Driving considered a misdemeanor? Also, does this stay on my criminal record forever? Can I get Neg. Driving expunged?


Asked on 10/01/05, 9:11 pm

2 Answers from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: DUI/Negligent Driving

Neg. driving first degree is a misdemeanor. It will stay on your record. You may be able to get it off of your record but that can be tricky. You would probably need a lawyer to guide you through that process.

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Answered on 10/03/05, 12:33 pm
Paul Ferris Law Office of Paul T. Ferris

Negligent Driving can be vacated

At this point, you must indicate that you have been convicted of a misdemeanor.

If you have not been convicted of any crime since the negligent driving offense, have not ever had another conviction vacated, and have no criminal charges pending, you are eligible to vacate the negligent driving conviction.

Once vacated, you can state for all purposes, including appications for employemnt, that you have not been convicted of the offense. This does not mean that the record is destroyed or expunged; the court record will always exist. The public will have access to the file. [There is currently a proposed amendment to court rules that may provide for sealing the court record.]

Law enforcement agencies (WSP, investigating/arresting agency) are prohibited from disseminating information concerning vacated convictions.

It is possible to handle this matter without an attorney, but you would likely benefit from the services of an attorney experienced in this particular area.

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Answered on 10/03/05, 1:26 pm


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