Oct 14, 2022, Deferred Sentence in Washington State: Why You Still Need to Vacate

A deferred sentence, essentially, you stay out of trouble for a period of time and do what other things are asked of you, sometimes it’s treatment and then the case gets dismissed, maybe after a year or two years. But what does that look like from a post-conviction perspective?

The tricky thing about a deferred sentence is that yes, it does dismiss the case, but the original conviction remains until you vacate that original conviction. So, it’s not enough to just have it be dismissed, it still shows on your Washington State conviction record as conviction on this date, little note at the bottom, dismissed deferred on this date.

I help clients with these records take the additional step of vacating the original conviction, which completely clears it from the Washington State Patrol WATCH, or conviction report, and you can officially state for all purposes, including housing and employment, that you have not been convicted of the crime. So, if you have a deferred sentence that is still holding you back as a prior conviction feel free to give my office a call.