Is there a time frame that we have to get our Court Judgment Information forms, Deferred Prosecution Order Abstracts, etc., to DOL?
WHEN TO REPORT CONVICTIONS
The court must notify the Department of a guilty finding, entry of a guilty plea, or an order to pay a fine on a traffic offense, even if the defendant has not been sentenced.
RCW 46.20.270 requires that Washington courts report to DOL whenever a driver forfeits bail, pleads guilty, is found guilty, pays a fine, or is found to have committed a traffic offense:
(2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations within this state, shall forward to the department within ten days [emphasis added] of a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine or penalty, a plea of guilty or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
Similarly, RCW 46.52.101 provides:
(2) After the conviction, forfeiture of bail, or finding that a traffic infraction was committed for a violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, the clerk of the court in which the conviction was had, bail was forfeited, or the finding of commission was made shall prepare and immediately [emphasis added] forward to the director of licensing at Olympia an abstract of the court record covering the case. . .
RCW 46.20.270 defines "conviction" very specifically 1.
(4) For the purposes of Title 46 RCW the term "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in Title 46 RCW which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW.
Payment of a monetary penalty is also the equivalent of a committed finding in the case of traffic infractions:
For the purposes of Title 46 RCW the term "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.
1 RCW 9.41.040(3) also defines "convicted" in similar terms as it relates to possession of firearms. This definition is of particular importance to courts of limited jurisdiction as it governs prohibitions on the possession of firearms in domestic violence cases. "Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been 'convicted,' whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge."
RN id: 1113