Understanding Expungement

If you have been arrested, you may find having that on your record makes it difficult to find a job or closes other doors. Even if you were not convicted of a crime you have been charged with, it may cause problems. In some cases, it is possible to seek to have your record clear. As your Virginia criminal defense attorneys, this is something we have handle many times.

You may want to explore expungement of your record. This is possible if, after you were arrested, the prosecutor withdrew or dismissed the charges. Your attorney may seek an expungement if you are found not guilty or you receive an absolute pardon for a crime you have been convicted of in the past. In cases where you were found guilty or if you pleaded guilty your record cannot be expunged unless you receive the absolute pardon.

Expungement seals an arrest record or charge so the public does not have access to it. A petition must be filed to the court in order to begin the process.

Unfortunately, not all cases are eligible for expungement. Convictions for traffic offenses may not be set aside or expunged. Driving under the influence of intoxicants is not eligible when the charge is dismissed to a diversion program. Additionally, no convictions for Class A or B felonies may be expunged.

People have many reasons to seek an expungement. Oftentimes a person is seeking a job or is just trying to put the charge behind him or her. The person may also be years removed from the incident and seeking an adoption or a foster parent, or may find themselves in another situation requiring an extensive background check.

If a crime that you didn’t commit is lingering on your record and creating obstacles for you after you have been pardoned, you may want to investigate an expungement. Call today for your free, initial consultation.

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