What Crimes Can Be Expunged in Virginia?

expunged

If you want to clear your criminal record, you need to speak to a Virginia lawyer who specializes in expungement. Pincus Goodman P.C. is here to help you put your past behind you. If you need to expunge your criminal record, it is important that you contact Pincus Goodman, P.C. today to schedule a consultation. We can represent you during every phase of the expungement process.

Several different factors determine whether you can have your criminal record expunged. The type of offense for which you were found guilty, the date of the offense, and any rehabilitation you’ve completed will be relevant to your petition for rehabilitation.

What Is Expungement? 

Expungement is the legal process by which an individual’s criminal conviction is removed from their record. Potential employers, organizations, and other entities that often perform background investigations will be unable to see an expunged conviction and so will not judge a potential employee based on those prior convictions.

Retaining an attorney with experience in this field is essential. Specific statutes determine which categories of criminal charges are eligible for expungement and which parties may have their criminal records removed.

To “expunge” means to erase something or remove it from existence. To have your record expunged in the State of Virginia, you must file a petition in the Circuit Court within the county where you were charged with the crime. After the state requests your fingerprints and examines your criminal record, the hearing related to the petition follows.

A lawyer will speak for you at the hearing and establish that you deserve to have your criminal record expunged. You might demonstrate that you cannot obtain reliable employment. Also, you might have to establish that you have been rehabilitated. Your criminal charges may be related to drug or alcohol use, and you will need to show how you have recovered from any form of substance abuse.

What Crimes Can Be Expunged? 

In the State of Virginia, up to July 1, 2021, only dismissed criminal actions or those in which the defendant was found not guilty were capable of being expunged. These criminal charges can be removed through the expungement process. The following types of offenses may be expunged:

  • Specific juvenile convictions
  • Identity fraud offenses or mistaken identity offenses
  • Charges for which you were pardoned after being charged with a crime
  • Arrests that did not result in a criminal conviction
  • Being found not guilty
  • Nolle prosequi dismissals
  • DIsmissals with and without prejudice

On July 1, 2021, the State of Virginia expanded the number of criminal offenses that were eligible for expungement. Petitioners now have the ability to seal class 5 and class 6 felony convictions. Also, first-offender deferral program convictions may also be expunged. Grand larceny is also an expungeable criminal offense in the State of Virginia.

However, if you want to petition for expungement, you must satisfy the following elements:

  • You have not had a felony conviction during the past ten years
  • You do not have any class 3 felony or class 4 felony conviction from the past twenty years
  • You do not have any class 1 felony or class 2 felony convictions

You may have many questions regarding expungement in the State of Virginia. You need to retain a lawyer who has experience with expungement.

How We Can Help 

If you are interested in having your criminal record expunged, the best thing you can do is speak with a skilled criminal defense lawyer who has experience with expungements. Contact Pincus Goodman P.C. to schedule a free consultation during which we can discuss the facts of your case. We can review your criminal history, investigate any necessary parties, and request any legal documents we need.

Contact Pincus Goodman P.C. today at (757) 301-9634 to learn more about how we can help.

 

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