EXPUNGEMENT OF CRIMINAL RECORDS IN VIRGINIA: VA CODE 19.2-392.2 Why you need a lawyer: ... Negotiate with the Commonwealth Attorney beforehand not to oppose the motion or petition so that it can be entered by the judge without any opposing argument. If this is not the case, then argue that there is a compelling reason that this must be done or ...
Virginia law requires that you deliver the petition to the Commonwealth Attorney. Most county sheriffs do this for you. Pay the fee. The fee is usually included when you file the petition with the court clerk. The fee is $86 to file the expungement petition and …
Nov 14, 2019 · In Virginia, you are eligible for an expungement in one of three (3) circumstances: 1) your charge was nolle prossed, or dropped, by the Commonwealth’s Attorney; 2) your charge resulted in an acquittal before a judge or jury; or. 3) your charge was “otherwise dismissed.”. Va. Code Ann. § 19.2-392.2 (2010).
While not everyone qualifies for expungement under this law, until the new law takes effect, this is the only way to clear a criminal record in Virginia. When does the new law take effect? July 1, 2025. Automatic sealing will begin October 1, 2025.
If you are eligible to have your record expunged, you may file a petition for expungement. You must file the petition in the circuit court of the county or city in which your case was handled. (Virginia Statutes § 19.2-392.2 (2018).) You can find the petition forms on the website of the Virginia Judicial System.
The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter.
With very few exceptions, criminal convictions in Virginia cannot be expunged. This remedy is usually only available to people who were arrested and charged, but ultimately not found not guilty of wrongdoing. Expungement in Virginia is essentially the same as sealing your record.Apr 29, 2019
In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.Jul 24, 2020
In Virginia, misdemeanors normally stay on your criminal record and are made permanently available to the general public unless the record is sealed, or "expunged."Jul 21, 2017
Do you qualify for expungement? You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.
Nolle prosequi is a Latin term that means “will no longer prosecute.” When the prosecutor asks the court to grant a nolle prosequi, they are requesting that the criminal charges be dismissed. They could decide not to prosecute you for these reasons: There is insufficient evidence to prove your guilt.
Again, criminal convictions – even for misdemeanors – stay on your record forever in Virginia.May 18, 2017
Under the new law, traffic infractions, misdemeanors, felony larcenies, Class 5 and 6 felonies, and convictions granted a simple pardon would be eligible for petition to be sealed ten years following the offense date.
If you were convicted in Virginia Circuit Court, you must petition the circuit court in the jurisdiction where you reside to regain state firearms privileges. For out-of-state or federal felony convictions, you must petition the court of conviction to regain firearm privileges.
Under the Federal Trade Commission's Fair Credit Reporting Act (FCRA), felony arrests are permitted to be reported on background checks for up to seven years.Nov 9, 2020
What is Expungement? Virginia offers expungement of some adult criminal records, which is similar to what most states call "sealing.". In Virginia, an expunged record is simply hidden from public view, not destroyed. For example, private employers, landlords, and banks cannot see an expunged record.
Most county sheriffs do this for you. Pay the fee. The fee is usually included when you file the petition with the court clerk. The fee is $86 to file the expungement petition and a $12 service fee when filed by the sheriff.
The fee is $86 to file the expungement petition and a $12 service fee when filed by the sheriff. If you are seeking expungement because you were the victim of identity theft, the petition is free. Get fingerprinted. Go to a Virginia State Police (VSP) department and have your fingerprints taken.
All police departments and courts seal the record. The only way to see the expunged record is with a court order. Once you receive an expungement, you can legally deny that arrest or charge. Once a Virginia court expunges juvenile records, the records are available only by another court order.
The Commonwealth Attorney has 21 days after receiving your petition to object to the court. If the attorney does not object, the charge to be expunged is a misdemeanor, and you have no other charges, you are entitled to expungement. If you are entitled to be expunged, the court will order it and notify you.
You were charged with contempt in a civil court but found not guilty. You were charged with assault and battery or other misdemeanor that could have resulted in a civil lawsuit; the victim wrote a statement that he or she has received satisfaction for the injury; and the case against you was dismissed.
For example, private employers, landlords, and banks cannot see an expunged record. Judges, law enforcement, and some Commonwealth employers may have access to expunged records. Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, ...
In Virginia, you are eligible for an expungement in one of three (3) circumstances:
Seeking an expungement is a completely separate action from your actual criminal charge. In fact, you are actually required to file civil suit against the Commonwealth of Virginia.
If you are eligible for an expungement, you should absolutely seek one. As you probably have seen, most job, school, credit, and benefit applications ask whether or not you have ever been charged with a crime. If you are granted an expungement for a particular charge, you are not required to disclose the charge.
Occasionally, I have clients who have earned an expungement come to me and tell me how their charge is still showing up on the internet, newspaper, or some other source. Know that being granted an expungement orders that court, law enforcement, and other state agencies records be sealed or destroyed.
The Virginia Supreme Court has drawn a very clear line concerning which adults are eligible for expungement. Anyone who has been convicted of an offense, had a finding of facts sufficient to convict, or has entered a plea of guilty (even if deferred to be dismissed later), nolo contendere, or submitted an Alford plea may not seek an expungement. Anyone who has been acquitted, has had a charge nolle prossed, or has not entered a plea of any sort and has the charge dismissed after fulfilling conditions may seek expungement.
Petitioners who have no prior convictions and who were charged with misdemeanors may seek expungements. In these cases, the Commonwealth’s attorney must prove “good cause” for why the expungement should not be granted. The Commonwealth has the burden of proof and it typically does not oppose the request for expungement in these types of situations.
A petitioner with a previous criminal conviction or a petitioner seeking to remove a felony charge regardless of their existing record may have a more challenging time getting an expungement.
Unlike an adult, a juvenile may have their record automatically expunged even after being found delinquent (guilty). However, it is important to note that there are several exceptions to this general rule:
Under Virginia law, an expungement is a process to permanently remove any reference to all police and court records in a criminal case.
Then, once an order is granted, it can take up to 180 days for the records to be removed by the Virginia Department of State Police from public access.
According to Virginia Code § 19.2-392.2, you may be eligible for an expungement if you have been charged with a crime and one of the following statements is true:
To get an expungement, you must file a petition and obtain a certified copy of your arrest warrant or indictment. Both documents should be filed in the Circuit Court where the charges against you were resolved. Then:
The chapter begins with a statement of purpose in § 19.2-392.1. It states that “ [t]he General A ssembly finds that arrest records can be a hindrance to an innocent citizen’s ability to obtain employment, an education and to obtain credit.
Black’s law dictionary defines ‘expungement of record’ as “ [t]he removal of a conviction from a person’s criminal record.
A determination that you are qualified to petition for an expungement is only the first step in the process. § 19.2-392.2 (F) lays out the standards by which the petition will be judged.
If you have been convicted of a crime and subsequently granted an absolute pardon then you can petition to have both your arrest records and your conviction expunged. Note that this is the ONLY time that a conviction can be expunged.
When someone convicted of a crime receives an absolute pardon. In other situations, even if an expungement would be helpful, judges generally do not have the authority to grant expungement unless the circumstances fit one of the statutory categories.
In some situations, it can be difficult to determine whether an individual qualifies for expungement. For instance, if a case was dismissed, it is often necessary to understand why the dismissal occurred to ascertain whether the person charged may have the record expunged.
An Expungement Hides a Record but Does not Erase It. Before applying for an expungement, it is important to understand what this action does and does not do. In Virginia, an expungement will seal court records of an arrest for criminal charges and remove these records from public view. However, an expungement does not erase all records ...
It may also be necessary to provide some evidence to the court, and an experienced attorney can often make that much simpler with this type of petition. If the applicant has no additional charges on the record and the offense involved is a misdemeanor, it may be a simple matter for the judge to agree to the expungement.
of the Virginia code, individuals may seek to have police and court records expunged in the following circumstances: When someone has been acquitted by a judge or jury (after pleading “ not guilty”) When someone charged with contempt of court in a civil action is determined not to not be guilty .
However, an expungement does not erase all records of the applicable criminal charges. Instead, a court can grant permission for certain parties, such as law enforcement officials, to view the records even after an expungement.
The most important qualification for expungement is that it is only available in situations where a person has either not been convicted of the criminal offense charged or has received an absolute pardon for being convicted of an offense not committed, but not all cases are eligible for an expungement.
Expungement means gone forever. Whatever the reason that you need to seal your criminal record, Virginia law allows you to request that certain charges or convictions be permanently deleted, wiped clean, and expunged from its files.
After the court grants your petition for expungement, the court will enter an order requiring the expungement of the police and court records related to the charge. The clerk of the court shall forward a copy of the order to the Department of State Police, which shall, pursuant to its established polices and procedures, direct the expungement or removal of such records.