If you have a past arrest or conviction record and want to clear it, you may need the help of a Virginia expungement lawyer. They can evaluate your situation, file the necessary paperwork, and advocate on your behalf in court.
The process of obtaining an expungement requires filing a petition in the circuit court for the jurisdiction in which you were arrested or charged. The petition must include certified copies of the charging document or disposition and fingerprints.
Expungement of Arrest Records
Expungement is the process of having the court remove any criminal charges from a person’s record. This remedy is usually only available to people who were arrested and charged but were either found not guilty or the prosecutor elected not to prosecute their case and dismissed it.
A Virginia expungement lawyer will be able to determine whether you are eligible for the process. They will also be able to guide you through the process of petitioning for an expungement.
In 2021, Virginia enacted new laws that expand the number of convictions and records that can be expunged by using the current court petition process or a new automatic process. These new laws allow people to expunge certain misdemeanors and low-level felonies after a period of years.
Getting your record expunged or sealed will not make it disappear from the internet, but it will hide it from most people and some jobs that require security clearances. It is a good idea to have your record expunged or sealed if you have been denied employment due to an arrest.
Expungement of Criminal Convictions
Expungement is a statutory remedy under Virginia Code SS 19.2-392.2, and it erases an arrest record when a judge grants the petition. It also erases all public information about the case, including any order of nolle prosequi, a finding of not guilty or dismissal.
Having a criminal record can lead to a number of negative consequences, including loss of employment, housing, public benefits, and other forms of assistance. Expungement can be an important tool to help you regain your freedom and move on with your life.
A Virginia expungement lawyer can evaluate your situation and determine if you qualify for an expungement. Expungement is a complex process, and it may take several months or years to obtain.
In recent years, the state of Virginia has expanded its expungement law to allow people to request the removal of misdemeanors and Class 5 and 6 felonies from their records. However, the new laws won’t be fully effective until July 1, 2025.
Expungement of Marijuana Convictions
If you’ve been convicted of a misdemeanor or felony crime for possession or distribution of marijuana, our Virginia expungement lawyer could help you have your record expunged. An expungement will wipe out references to the original conviction, allowing you to apply for employment or school without having to worry about it showing up on background checks.
Getting an expungement requires gathering the necessary paperwork and drafting the petition. It’s important to have a skilled attorney to represent you throughout the process.
In addition to helping you gather the necessary documents and prepare your petition, our Virginia expungement lawyer can also help you with a hearing in court. This is where you’ll be asked to explain why you should have your criminal record expunged and how it will benefit you.
As you can see, getting an expungement is a long and complex process. However, the benefits are significant. It will permanently erase any reference to the original conviction from your criminal record and remove it from public access.
Expungement of Misdemeanors
If you are arrested for a misdemeanor in Virginia, that arrest and charge will remain on your record. That is how it has always been in Virginia.
In order to get the criminal conviction removed, you have to go through an expungement process. This is a complicated process that should only be handled by a qualified Virginia expungement lawyer.
Expungement is a type of sealing which means that only law enforcement, courts and certain kinds of employers can access the records. It does not erase the criminal conviction, but it will make sure that they don’t show up on a background check or job application.
If you are eligible for an expungement, the first step is to file a petition with the court. You will have to submit fingerprints and wait for a hearing where the court will decide if it should grant your request.