Can I Expunge a Charge if I Was Found Not Guilty in Virginia?
Can I Expunge a Charge if I Was Found Not Guilty in Virginia?
Navigating the criminal justice system is inherently stressful. Being found not guilty should bring a sense of relief and closure. However, having a criminal charge, even if it ended in acquittal, can mar your personal and professional reputation. Fortunately, Virginia law provides an avenue to expunge such charges, thus clearing your record. This article explores the intricacies of expunging a charge if you were found not guilty in Virginia, and aims to guide you through understanding the legalities and procedures involved.
Understanding Expungement in Virginia
Expungement is a court-ordered process that effectively removes a charge from your criminal record, making it non-discoverable in public background checks. The Commonwealth of Virginia allows individuals to petition for expungement under specific circumstances, which are codified under Virginia Code § 19.2-392.2. This statute offers a mechanism for individuals found not guilty, or in cases where charges were dismissed or nolle prosequi, to seek a fresh start by eliminating the record of such charges.
Eligibility Criteria
Virginia law is quite explicit about who is eligible to seek an expungement. According to Virginia Code § 19.2-392.2(A), an individual may file a petition for expungement when:
1. The person was acquitted of the charge,
2. The charge was nolle prosequi,
3. The charge was otherwise dismissed, including cases where a charge was dismissed through a deferred finding or upon completion of a diversion program.
For individuals found not guilty, the eligibility is straightforward. Being acquitted meets the primary requirement outlined by the legislation, allowing you the opportunity to petition for the expungement of that particular charge.
The Expungement Process
Once you’ve established your eligibility for expungement, the procedural aspects set in. The first step is to file a “Petition for Expungement” in the circuit court of the county or city where the charge was initiated. The petition must include details of the case, including the criminal charge, outcome, involvement of law enforcement, and a certified copy of the final disposition.
Filing es and Documentation
Along with your petition, you will be required to pay a filing fee, typically around $86, which can vary slightly by jurisdiction. Additional costs may include fees for obtaining certified copies and for fingerprinting, which is often required as part of the background check conducted by the Virginia State Police.
Notice to the Commonwealth Attorney
After the petition is filed, a notice must be served to the Commonwealth’s Attorney. This allows the prosecution an opportunity to object to the expungement. The Commonwealth’s Attorney has a statutory right to file an objection if they believe that the expungement would be contrary to public interest. Common objections could include the severity of the charge or the individual’s prior criminal history, if any.
Court Hearing
In most cases, the court will schedule a hearing to consider your petition. During the hearing, both you and the Commonwealth’s Attorney, if they object, can present arguments. The judge will evaluate the evidence and criteria to determine whether an expungement will be granted. If no objection is filed by the Commonwealth’s Attorney, the court may rule on the petition without a hearing.
Criteria for Granting Expungement
Virginia Code § 19.2-392.2(F) explicates that the court should grant the expungement if:
1. The continued existence and possible dissemination of information relating to the charge creates a manifest injustice to the petitioner.
2. The petitioner has no prior criminal record.
The “manifest injustice” requirement means that the court must be convinced that retaining the record of the charge would severely and unfairly harm your future opportunities, such as employment prospects, housing applications, or other aspects of civic life.
Post-Expungement Considerations
If the court grants the expungement, the clerk of the court will send a certified copy of the expungement order to the Virginia State Police, who will then erase your record from their criminal databases. It’s crucial to confirm the removal of your record from all relevant databases, which might include third-party background check services.
It’s worth noting that while expungement will clear the public record, certain law enforcement agencies and specified individuals may retain access to expunged records. Under Virginia Code § 19.2-392.3, expunged records can be accessed in limited scenarios, such as a future criminal investigation or other specified lawful purposes.
Conclusion
The ability to expunge a “not guilty” charge in Virginia provides a significant relief and opens the door to new opportunities unencumbered by past allegations. Navigating this legal process requires understanding the specific requirements and procedural steps as outlined in Virginia law. For individuals seeking to expunge a not guilty charge in Virginia, consulting with legal professionals who specialize in expungement can ensure an efficient and successful outcome, ultimately granting you the fresh start you deserve.
