Can a municipal court case be used against you in an ongoing district court case?

[KevinC99]

I'm from Washington State...
I am finally getting 2 misdemeanors taken off my record after 3 years, however a week before my last court date to review the expungements I got caught shoplifting. Can the state bring up the shoplifting (which I'll be going to municipal court for) at my last hearing in district court for the expungement? Will it affect my record getting cleared of the 2 misdemeanors?

 

[quincy]

It could, yes.

You might want to delay your expungement hearing (seek a continuance) until the shoplifting charge is decided.

Having an attorney assist you would be wise and is advised.

 

[Taxing Matters]

I'm from Washington State...
I am finally getting 2 misdemeanors taken off my record after 3 years, however a week before my last court date to review the expungements I got caught shoplifting. Can the state bring up the shoplifting (which I'll be going to municipal court for) at my last hearing in district court for the expungement? Will it affect my record getting cleared of the 2 misdemeanors?

Washington state does not have any provisions to expunge misdemeanor convictions, but it does have the new New Hope Act that allows you to get some misdemeanors actually vacated. Thus I assume that this is the provision you are using to clear your misdemeanors. And unfortunately for you the Act specifically denies vacating the convictions when there "are any criminal charges against the offender pending in any court of this state or another state, or in any federal court." RCW § 9.94a.640(2)(a). Thus, as you now have new charges pending that makes you ineligible for getting the misdemeanors vacated. So by shoplifting you not only face the consequences for the new offense but you have also shot yourself in the foot by screwing up getting those older offenses vacated. You really need to see a lawyer to find out what you can do to salvage something out of this situation.

 

[quincy]

The only hope that I see for you is to have a skilled attorney now who can work a few miracles to get the shoplifting charge dismissed.