Revised Code of Washington

Wash. Rev. Code § 10.05.080 (2026)

Evidence, uses and admissibility

✓ current as of May 2026

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If the petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or investigation is inadmissible in any trial on the charges, but shall be available for use after a conviction in determining a sentence.

[ 1985 c 352 s 11; 1975 1st ex.s. c 244 s 8.]

Notes:

Legislative finding—Severability—1985 c 352: See notes following RCW 10.05.010.

Notes of Decisions

Cited in 2 cases, 1996–1996 · leading case: Abad v. Cozza, 128 Wash. 2d 575 (Wash. 1996).

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Abad v. Cozza, 128 Wash. 2d 575 (Wash. 1996). “RCW 10.05.080. Upon completion of the two-year treatment plan, the court dismisses the charges.”

Abad v. Cozza, 911 P.2d 376 (Wash. 1996). “070, and any evidence resulting from the investigation of the person for deferred prosecution or a petition, if the petition is unsuccessful, is inadmissable at trial.”

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