Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
The effect of an expungement is that the record is erased and legally deemed not to have occurred
An individual has the legal right to answer “no” to any questions (including those on a job application that inquire about a history of arrests or criminal convictions .
The record may be destroyed or sealed after a certain period of time. Records may be expunged in juvenile cases, or upon satisfactory completion of a court-ordered probation and/or class (es).
Are you eligible for an Virginia Expungement? Most crimes can be expunged.
Under Virginia law, the following are the crimes that cannot be expunged.
- Any conviction that involves a minor,
- Any conviction that involves sexual assault
If you have been convicted of a crime that currently cannot be expunged, your best recourse is to contact your state senator or state representative and appeal to them to propose a change in the law
“Removing The Past for a Better Tomorrow”
Basics on Criminal Expungement
Expungement is the process of going to court to ask a judge to seal a court record. It is important to remember that an expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. Usually, people ask for an expungement when they have been denied a job, housing, or a professional license because of their criminal background.
What is an expungement?
An expungement is a legal process where the petitioner or attorney asks the court to seal court records and arrest information. People seek expungements in order to obtain employment or housing.
I’ve never heard of an expungement before. Is this legal?
It is not uncommon for people to be unaware of expungements. Any charge that was dismissed or for which you were found not guilty may be expunged as well. Each state has different statutes concerning expungements, and you must apply for an expungement in the state in which you were convicted.
Who may file for an expungement?
There are two types of person who can file for an expungement:
(1) A person who has been convicted of a misdemeanor or violation, or a series of misdemeanors or violations arising from a single incident,
(2) A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea for another offense.
Why file for an expungement?
Once an expungement is granted, all records relating to the arrest, charge or other matters linked to the case are sealed. People frequently seek an expungement for employment purposes or to erase their past. What is an expungement?
Virginia Expungements – What can be expunged in Virginia
- If 2 years have elapsed since the final discharge of the person from custody; and
- If the person has not been convicted of a felony or misdemeanor involving moral turpitude, the person has not been adjudicated a juvenile delinquent, and no proceeding seeking conviction or adjudication is pending.
- If the sentence is fully completed including probation and payment of all fines.
- If it is found not guilty or the case was dismissed, or not prosecuted (nolle prosequi)
Additional restrictions on who can qualify for an Expungement in Virginia:
Persons who can prove inaccurate or incomplete information contained in their criminal convictions. Also, persons subject to investigation of child abuse not resulting in a conviction. A person whose criminal conviction is reversed may have their DNA records expunged. Juvenile sex offenders may not have records expunged.
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