How do I take a conviction or adjudication off of my record?
Questions by Defendants / Questions by Victims / Questions by Witnesses / Questions by the Public
Questions by Defendants
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| How do I take a conviction or adjudication off of my record? |
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Questions by Victims
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| I am a victim in a criminal case and I want to drop the charges. Can I do that? |
| I was the victim of a crime. Can I get money for what I have lost? |
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| I have questions about a small claims case. Who can help me? |
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| Does the Skamania County Prosecuting Attorney's Office provide copies of police reports? |
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Questions by Defendants
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Our office cannot help you. Please contact the Washington State Bar Association (WSBA) at 1-800-945-WSBA (9722) or http://www.wsba.org.
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If you think that Skamania County has issued a warrant for your arrest, someone in our criminal division can tell you if there is a warrant. However, we will not be able to confirm whether any other court has issued a warrant for you. You must contact a Sheriff's Office or Police Department for that information.
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No, although some defendants hire attorneys before the arraignment. An attorney may be able to answer questions you have that the court cannot. If you are not able to hire an attorney before arraignment, an attorney can still appear in the case later. If you are not able to afford an attorney, you may request that the judge appoint an attorney to represent you during the arraignment.
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Arraignments are the hearings that basically start a criminal case. It depends on the court and the case, but these are things that generally happen at arraignment:
* The judge tells the defendant about his/her rights in court.
* If not already determined, the judge determines whether probable cause exists so that the case may continue.
* Either the judge or the prosecutor will read the charge or charges to the defendant.
* The judge asks whether the defendant has an attorney, and appoints one to represent the defendant if requested and appropriate.
* The judge sets conditions of release from custody -- the conditions may include bail, periodic check-ins with a court-designated monitor, no contact with certain persons, not leaving Skamania County, not possessing or using alcohol or controlled substances, not possessing weapons, not committing new offenses, and more.
* The judge will set a new court date or dates.
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It depends on the court and the case, but usually it is the court's opportunity to find out from the attorneys whether the case is ready for trial and if so, then how long the trial will take, how many witnesses are expected, and whether there will be special issues. Sometimes the court will hold separate pretrial hearings with witnesses to determine issues such as whether a confession may be used at trial.
| How do I take a conviction or adjudication off of my record? |
Normally, you cannot have a conviction or adjudication removed (also called "expunged") from your record. However, if you want to try, you should contact a private attorney.
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Defendants should contact their own attorneys regarding the status of the case. If you are Pro Se, you can contact the Prosecuting Attorney's office to discuss your case.
Questions by Victims
| I want a protection order to keep my husband [or wife, boyfriend, girlfriend or other person] away from me. Will the Prosecuting Attorney's Office do this for me? |
No, the Prosecuting Attorney's office will not. But you can go to the Skamania County Superior Court Clerk's Office, County Courthouse, 240 NW Vancouver Ave, Stevenson WA 98648 from 8:30 a.m. to 5:00 p.m. Monday through Friday and ask for an application for a Protection Order.
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In most cases, crimes must be reported to the Sheriff's Department, a police department, or other law enforcement agency which has jurisdiction over the city or county where the crime occurred.
| I am a victim in a criminal case and I want to drop the charges. Can I do that? |
The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone will not dictate whether or not a case will be filed or dismissed. If you would like to discuss your case, you should speak with the prosecutor handling the case.
| I was the victim of a crime. Can I get money for what I have lost? |
If the Defendant is convicted of the crime, and in some other special dispositions, the court can order the Defendant to pay restitution. Restitution is money equal to the victim's loss. These are the types of things that you may receive restitution for:
** Cost of destroyed, lost, stolen or damaged property
** Medical and counseling bills
Some types of loss, such as pain and suffering and lost wages, are usually not awarded as restitution. You should contact a private attorney if you want help obtaining reimbursement for those damages. In addition, the Washington State Department of Labor and Industries has a program called the Crime Victims Compensation Program. It will provide funds for victims of crime to help pay for medical and counseling costs that are a result of the crime. This program is a source of last resort for victims not otherwise covered by insurance or medical coupons.
| Why am I not getting my restitution check? |
If the court ordered the Defendant to pay restitution to you, but you are not getting money, it could be because the Defendant is still in jail or prison. or the Defendant is not making any money to pay to the court, or the Defendant is not paying for some other reason. You may have to wait a long while for money. Various departments, including the Washington State Department of Corrections, are then responsible for collecting money owed to victims. The Clerk of the Court where the case was filed will send the money to you as it is received. If you are not receiving your restitution you should contact that Clerk's office to make sure it has your correct address. If the Defendant has community supervision or probation, you can also call the Defendant's community custody officer or probation officer about the lack of payment.
| I was the victim of a crime. Can you tell me the name of the Defendant and the Defendant's next court date? |
Our office can give you the name of an adult Defendant and the next court date if we have filed charges against the Defendant. To obtain this information, call our office at (509) 427-9406.
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You should receive some information from someone in our office. If not, or if you want more information, please call our office at (509) 427-9406 and ask to speak with the Deputy Prosecutor handling the case.
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No. The Prosecuting Attorney represents the interests of the State. The Prosecutor will listen to your concerns and take into consideration your wishes. However, the Prosecutor must weigh all the aspects of the case and makes the final determination. You do have the right to obtain your own attorney if you wish.
Questions by Witnesses
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Witnesses are not only "eye witnesses." You may have seen the crime happen or may know something about it. You may also know something about a piece of evidence, or may know something that contradicts another witness's testimony. If you wonder why you are testifying in a particular case, ask the Prosecutor handling it; there is probably a common-sense reason.
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The County Courthouse parking lot is to the north off Vancouver Avenue. There is also public parking on Russell, Vancouver Avenue and First Street (main street through Stevenson).
| As a witness, do I have to talk in front of the Defendant in court? |
The Defendant has a constitutional right to be present in court to hear what all the witnesses say.
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You may bring friends or relatives with you to court, and they can probably sit in the courtroom while you testify, unless they are also witnesses. Witnesses testify one at a time and generally wait outside the courtroom for their turn. In some cases, a Victim/Witness Advocate from our office may also be present with you, if you request. Talk with the Prosecutor about that.
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Your time at court varies greatly from case to case. Some witnesses will be at the courthouse for more than a day. You are encouraged to bring a book or magazine to read while you wait.
| What do I do if I can't attend court as a witness on the date stated in the subpoena? |
If you have received a subpoena, you have a duty to appear as directed. However, if you do have a conflict then telephone the contact person named on the subpoena as soon as possible.
| Does the County reimburse me for wages lost when I am a witness? |
You will receive a witness fee and mileage for appearing as a witness if there is a trial. The amount of the witness fee and mileage is set by law, and there is no provision to compensate for loss of wages.
Questions by the Public
| I have questions about a small claims case. Who can help me? |
Our office cannot help you. Please contact the Skamania County District Court Clerk's Office at 509-427-9430.
| I need child support. Can you help me? |
Our Support Enforcement Division may be able to help you. You can call 509-427-9476.
| I want a divorce. [Or, I want to sue someone. Or, I want to adopt a child.] Can the Prosecuting Attorney's Office help me? |
No, we cannot provide legal advice or take legal action in such matters. You should consult with your own attorney. If you do not have an attorney, you can call CLEAR (Coordinated Legal Education, Advice & Referral) at 1-888-201-1014 for a referral to a local attorney.
| Does the Skamania County Prosecuting Attorney's Office provide copies of police reports? |
Police reports generally are not released to persons other than the Defendant's attorney while a case is pending. After a case is finished, any member of the public may obtain copies of some reports by filing a Public Disclosure request with the involved law enforcement agency.
| Can I talk to Mr. Banks? I think he is the person who is working on my case and/or I received a letter from him. |
Mr. Banks is the elected Prosecuting Attorney of Skamania County, and his name appears on many of our official documents. Although he does handle some matters personally and all civil matters, usually one of the Deputy Prosecuting Attorneys in our office handles the criminal cases.
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People summoned for jury duty in Skamania County should report as directed to the Skamania County Clerk's Office, located on the third floor of the Skamania County Courthouse.
| Can you give me legal advice? My tax dollars pay the attorneys' salaries; therefore, they are my public servants and should give me the legal advice I have paid for. |
Tax dollars pay the salaries of the attorneys in the Skamania County Prosecutor's Office. The Prosecutor was elected to provide legal counsel to Skamania County's elected and appointed officials so they can perform the County's business legally and efficiently. State law prohibits our office from giving legal advice to others. In addition, the tax base of Skamania County could not possibly provide free legal services for all residents of Skamania County, nor would the legal community tolerate such unfair competition. If you need legal advice, you should contact a private attorney. We cannot make attorney referrals or recommendations.
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Call or visit our office. However, the Skamania County Prosecuting Attorney's Office is not a free legal clinic or a clearinghouse of legal information. We cannot give legal advice on private legal issues.