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Legal Question: Negligent Driving 2d on My Record

I had a recent Bellingham DUI charge amended down to a Negligent Driving 2nd degree.  I think I can have it expunged in Washington State, but will I still have an arrest record with the FBI now?

The answer is yes. Although the offense of Negligent Driving 2nd degree is a non-criminal traffic infraction (contrast this to Negligent Driving 1st degree, which is a criminal misdemeanor, sort of like a big speeding ticket), the FBI tracks both arrests and results.

While a record that you were initially arrested for a DUI charge will probably pop up on you report from the NCIC (which stands for the FBI’s National Crime Information Computer computer database), it should not show that your arrest resulted in a criminal conviction.

Occasionally, in criminal cases that get reduced to infractions the NCIC will show a notation “disposition unknown.”

You can go to the local police station and do the paperwork for an FBI check on yourself. Then you will know.

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The law firm of Lustick, Kaiman & Madrone handles cases in DUI, felony and misdemeanor defense, and also in family law and divorce.  If you would like to meet with us to discuss your case, please feel free to contact our support team staff at (360) 685-4221 or you can access our free case evaluation form here.

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