How Do I Answer an Application if It Asks If I've Ever Been Charged?

Full question:

I am applying for a job out of the country (United Arab Emirates). A background check will be conducted (normal in teaching__FBI fingerprinting). I have a deferred theft from 15 years ago (not sure if it was deferred judgement or prosecution)..I think it shows up as Not Guilty (I completed all aspects of the 1 year program). When they ask if:_I've been arrested...I answer yes. When they ask convicted...I always answer no unless they specifically speak to deferment. The question is different this time it asks: 'Have you ever been charged with a crime?' How do I answer that one?

• Category: Criminal
• Subcategory: Expungement of Criminal Records
• Date: 04/07/2025
• State: Washington

Answer:

The court may clear the record of conviction and the fact that the offender has been convicted of the offense shall not be included in the offender’s criminal history record. Then a person may answer that they have never been convicted. However, until a record is sealed from review by anyone, including law enforcement personnel, if a person isn't truthful about whether charges were ever brought, it may be discovered. Please see the statutes below on deleting criminal history files in WA.

Please see the following WA statutes:

RCW 10.97.060 Criminal history record information which consists of
nonconviction data....

Criminal history record information which consists of nonconviction data
only shall be subject to deletion from criminal justice agency files which
are available and generally searched for the purpose of responding to
inquiries concerning the criminal history of a named or otherwise
identified individual when two years or longer have elapsed since the
record became nonconviction data as a result of the entry of a disposition
favorable to the defendant, or upon the passage of three years from the
date of arrest or issuance of a citation or warrant for an offense for
which a conviction was not obtained unless the defendant is a fugitive, or
the case is under active prosecution according to a current certification
made by the prosecuting attorney.

Such criminal history record information consisting of nonconviction data
shall be deleted upon the request of the person who is the subject of the
record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the
data may, at its option, refuse to make the deletion if:

(1) The disposition was a deferred prosecution or similar diversion of
the alleged offender;

(2) The person who is the subject of the record has had a prior
conviction for a felony or gross misdemeanor;

(3) The individual who is the subject of the record has been arrested for
or charged with another crime during the intervening period.

Nothing in this chapter is intended to restrict the authority of any
court, through appropriate judicial proceedings, to order the modification
or deletion of a record in a particular cause or concerning a particular
individual or event.

 

RCW 10.05.120 (1) Three years after receiving proof of successful
completion of the....

(1) Three years after receiving proof of successful completion of the
two-year treatment program, and following proof to the court that the
petitioner has complied with the conditions imposed by the court following
successful completion of the two-year treatment program, but not before
five years following entry of the order of deferred prosecution pursuant to
a petition brought under RCW 10.05.020(1), the court shall dismiss the
charges pending against the petitioner.

(2) When a deferred prosecution is ordered pursuant to a petition brought
under RCW 10.05.020(2) and the court has received proof that the petitioner
has successfully completed the child welfare service plan, or the plan has
been terminated because the alleged victim has reached his or her majority
and there are no other minor children in the home, the court shall dismiss
the charges pending against the petitioner: PROVIDED, That in any case
where the petitioner's parental rights have been terminated with regard to
the alleged victim due to abuse or neglect that occurred during the
pendency of the deferred prosecution, the termination shall be per se
evidence that the petitioner did not successfully complete the child
welfare service plan.

[2003 chap. 220 sec. 1; 2002 chap. 219 sec. 14; 1998 chap. 208 sec. 3;
1994 chap. 275 sec. 19; 1985 chap. 352 sec. 15; 1983 chap. 165 sec. 45;
1975 1st Ex.Sess. chap. 244 sec. 12.]