Criminal DefenseFirearms & Concealed WeaponsRights Restoration

Is expungement possible in Virginia?

By February 17, 2018 No Comments

 Is a criminal record holding you back from a job, volunteer position or ability to conceal a weapon in Manassas, Prince William County or Stafford County?

If so, what are your chances of having your record expunged, that is, sealed and removed from public view? Expert criminal defense attorneys at Nichols, Zauzig & Sandler can help answer that question.

When expungement is possible in Virginia 

Under Virginia law, expungement is possible under certain circumstances, such as if you are:

  • Acquitted (found innocent) of charges against you to which you had pleaded not guilty.

  • Found not guilty of contempt of court charges.

  • Involved in a criminal case that the prosecutor chooses not to prosecute for all charges (nolle prosequi).

  • Receive an absolute pardon for a crime.

  • Charged with certain misdemeanors that also give rise to civil charges (such as assault/battery) and if the charges are dismissed and the injured person indicates that he/she has received satisfaction.

  • The victim of identity theft in which someone else used your name/identifying information in criminal proceedings.

Juvenile exception

Outside of these circumstances, if you were found guilty of a crime or plead guilty, you cannot have the record expunged. The only exception to this rule is for juveniles, who may be able to have their criminal record expunged after their 19th birthday.

Even if your criminal records are expunged, they are not destroyed or wiped clean, and law enforcement can still access them, but they are sealed and removed from public access.

Getting your case evaluated

Contact Tracey Lenox or Michael Hollingsworth, attorneys in our Criminal Defense Division, to set up a free consultation about having your records expunged. Your case can be evaluated to help determine whether your record can be expunged.

If so, we can assist you in filing a petition for expungement, so you can have a clean criminal record when applying for jobs, volunteer positions, or housing.

With offices in Manassas, Woodbridge and Stafford, we are here to help. Call 703-492-4200 or send us an email today.

 

DISCLAIMER: The results of every case depend on factors unique to that case, and Nichols Zauzig does not guarantee or predict results in similar cases

Criminal Defense Attorney Michael Hollingsworth, Nichols Zauzig

 

About the Author:
Michael Hollingsworth
Criminal Defense Attorney