In both of these situations you have an actual claim of innocence. Charges on your record which were a case of mistaken identity or identity fraud.
However, if your charge was dismissed through a first offender program , the two most common being for domestic assault and battery and first offender for possession of marijuana or other drug, then your charge may NOT be expunged. To enter into a first offender program in Virginia, you must make a legal stipulation that the prosecution's evidence would have been sufficient to convict you if it had been presented to the court.
Expungement of a DUI Conviction May Not Be Possible in Virginia
In short, you have no actual claim of innocence and so are not entitled to receive an expungement under Virginia law. This is something that is often not explained to defendant's before they enter into these programs despite the fact that it can have lasting consequences on their lives and careers.
These are just what they sound like, informal agreements between your attorney and the prosecutor whereby if you complete certain things before your court date normally community service, drug screens, an anger management class, etc then on the day of court the prosecutor will nolle prosequi your charge - making you eligible for an expungement. Unlike many other states, Virginia has no set number of years to wait that will make you eligible for an expungement.
If You Were Not Convicted of a Crime
If you are convicted of a criminal offense in Virginia then that charge will stay on your record forever. Because of this it is important to speak with an attorney about your options for expungement BEFORE entering into any sort of plea or agreement on a criminal charge. Call today to speak with an experienced Virginia expungement attorney and schedule a free consultation.
- What You Need to Know About DUI Expungement in Virginia | Tavss Fletcher.
- Can I Get My Criminal Record Expunged In Virginia? | Leesburg County Criminal Defense Lawyers.
- Leave a Reply.!
- world of warcraft tracer ip address!
- iowa law citizen arrest how to.
- reverse cell phone lookup of free!
VA Felony vs. Whether a judge will grant an expungement request depends on many factors in Virginia.
John C. Whitbeck, Jr.
Acquittals are a good example. If you were convicted in a lower court or in an indictment process with a grand jury, then that means that at one point there was enough evidence to prosecute your case against you.
If you are found guilty at that lower court level, then even if you appeal and are found innocent later, it does not change the fact that at one point on the lower court level , there was enough evidence to establish guilt. Because the manifest injustice of leaving your record public is unclear in this context, this will complicate your expungement application even though you were ultimately found innocent.
That will depend on the judge in most cases. There are as many different cases and fact patterns as there are judges, and speculating about what may convince one person is not productive. Pardons are not easy to get in Virginia. However, if you believe you have been wrongly convicted or can show that you have been a good citizen since your conviction, you may be able to get one of the state's three types of pardons:.
Virginia Expungement Lawyer | Clearing Arrest Records
Of these, only the absolute pardon qualifies you to petition for expungement. However, even if you cannot qualify for an absolute pardon, a simple pardon may still be worth pursuing to help you get on with your life. Petitioning for expungement can be complicated, and the law can change at any time. To see if your record is eligible for expungement, and to discuss the specifics of your case, consider speaking with an experienced criminal law attorney. Skip to Main Content. In Virginia, it is possible to get your criminal record expunged, or hidden from public view, under very limited circumstances.
Records Eligible for Expungement Under Virginia law, you may petition to have your records expunged in limited cases, including if: you were acquitted of the crime at trial the charges were dismissed, or someone else committed the crime using your name or other identification. Filing and Hearing Requirements To request expungement of eligible records, you must file a petition with the court in the city or county where you case was handled.