Got a question about expunged!?

Question

Does anybody have any information about getting a felony expunged from my record for the state of virginia?

Answer 1

Since you didn't say what it was.Best thing to do is call a lawyer. Most felony's can't be expunged from your record.

Answer 2

You would have to provide clear hard copy proof of being found INNOCENT of the charge that was "proven" previously in a court of law; one where you served some sort of sentence in jail/prison for.

Expungement normally is granted to such people with the condition they will NOT sue the state.....and it takes the Governor's signature ordering expungement to make it effective.

It is whispered that such expungements usually require an attorney's high political connections.....where some payola is discreetly passed on to the Governor's office ( s) .

Answer 3

Check out the website for Virginia. It would tell you more accurately than we could. I looked it up for SC for my son and it gave us a lot of info. I may have searched under 'expunging felonies'. Can't remember.

Answer 4

Not all states allow for expungement of Felonies. In some cases, if you were convicted, the statute indicates that you would first seek a pardon and then (if successful) seek expungement.

Here is the general information for Viriginia. Hope it helps:

Virginia's expungement law provides:
A. If a person is charged with the commission of a crime and

1. Is acquitted, or

2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, or

3. Is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section.

C. The petition with a copy of the warrant or indictment if reasonably available shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed and shall contain, except where not reasonably available, the date of arrest and the name of the arresting agency. Where this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the specific criminal charge to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner's date of birth, and the full name used by the petitioner at the time of arrest.

D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition within twenty-one days after it is served on him.

E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner.

F. After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.

G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.

H. Notwithstanding any other provision of this section, when the charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge. Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection I hereof.

I. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.

J. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth.
Information on executive clemency in Virginia can be found here (http://www.soc.state.va.us/Clemency/clemency.cfm).

Like in all legal things... seek out the advice of an attorney.

Answer 5

Yes you hire an attorney, he makes a petition to the court.
They will be looking for how long has it been 5 plus years at least normally since your sentence was finished.
They will look to be sure you have not gotten into any more trouble at all, and next to see ifyou are working steady, have increased your education and other issues like that.

Answer 6

You can ask that here but your best bet is looking in Virginia law books or any lawyer should know.

Sorry that I can't be much help. I know about Texas and a bit about Washington law. Virginia law I'm clueless about.

Answer 7

No but i got a ques. 4 u on the booty ques. u just answered what is exactly soul food

Answer 8

get it overturned by the courts is the only way