When are Other Deferral/Diversion (OD) Finding/Judgement Codes reported to the Washington State Patrol (WSP) Criminal History Section as dispositions?
Information recorded on the Plea/Sentence (PLS) Screen will determine what dispositions are transmitted. Below is a quick reference guide to which dispositions are reported or not. For more in depth information, refer to the attached requirements document on data exchange for WSP on deferrals.
The Other Deferral (OD) may be entered as a Finding/Judgment Code when the parties enter into a stipulated agreement, which imposes specific conditions on the defendant. Upon completion or adherence to the conditions, the court may dismiss or amend the charge. These may be pretrial Diversions or Stipulation on Continuance agreements which do NOT require a guilty plea. These cases are not reported to the Washington State Patrol (WSP) Disposition Data Exchange for posting onto statewide WSP criminal history records. Therefore, a finding of OD where the Plea is blank or Not Guilty is not sent to WSP.
If and when the agreement is completed and the Finding/Judgment code is changed to Dismissed, the Dismissal is reported to WSP.
If and when the agreement is completed and the Finding/Judgment code is changed to Guilty or Committed for an amended charge, the new charge (if amended), and disposition will be reported to WSP.
If and when the agreement is violated and the court imposes sentence, the Finding/Judgment code may be changed to G for Guilty, and the disposition now would be reported to WSP.
The OD code may also be used after a Guilty Plea is entered. In this case, the Guilty Plea does trigger the reporting of the OD code to WSP for the criminal history records. Upon completion of the deferral/diversion, the Finding/Judgment code may be changed to Guilty or Dismissed, which would also be reported to WSP.
RN id: 2398