How Do I File for Expungement of an Old Charge?

Navigating the legal landscape to file for expungement of an old charge can be challenging, especially when attempting to do so without professional guidance. However, understanding the specific steps and legal requirements can simplify the process and put you on the path toward a clean criminal record. In Virginia, the expungement statutes outlined under Virginia Code §§ 19.2-298.02 and 19.2-392.2 provide a comprehensive framework, designed to help individuals start anew when certain conditions are met.

Learn More About Sealing a Criminal Record

If you have an old criminal record and need to seal it, then we can help answer all of your questions to ensure you are able to successfully navigate the process of sealing a record under Virginia law:

Understanding Expungement Under Virginia Law

Before delving into the procedure for filing an expungement, it is essential to comprehend what expungement means in the context of Virginia law. Expungement refers to the legal process of removing a criminal charge or conviction from the records of the Virginia state court system, making it as though the charge or conviction never occurred. The ultimate goal of obtaining an expungement is to shield the details of the old charge from public view, thereby allowing individuals to move on with their lives without the lingering stigma of a criminal record.

Eligibility Criteria for Expungement

Eligibility for expungement in Virginia is primarily governed by Virginia Code § 19.2-392.2. Under this statute, only certain types of criminal charges qualify for expungement. Generally, individuals may file for expungement if they were acquitted of the charge, if the charge was nolle prosequi (not pursued by the prosecution), if the charge was dismissed, or if the individual received an absolute pardon.

There are, however, limits on eligibility. For example, convictions for certain misdemeanor and felony offenses typically do not qualify for expungement, unless they meet specific criteria laid out under Virginia’s expungement laws. Additionally, if you were convicted but later pardoned, you may also be eligible to file for expungement, should you present adequate grounds and meet the standards set forth by the appropriate Virginia statutes.

The Expungement Process

The process of filing for an expungement of an old charge begins with gathering all necessary documentation. Generally, you need to obtain certified copies of the final disposition of the charge you seek to have expunged, such as the court order indicating a nolle prosequi, dismissal, or acquittal.

Once collected, the next step involves preparing and filing a Petition for Expungement with the circuit court in the jurisdiction where the charge was originally filed. This petition must include specific information about the petitioner, the charge, and the disposition of the case. Under the requirements of Virginia Code § 19.2-392.2, the petitioner must also serve a copy of the petition to the Commonwealth’s Attorney, giving them the opportunity to respond.

Posting Bond and Background Check

In Virginia, petitioners may be required to post a bond, often termed as a security bond, to cover the costs associated with the expungement process, as detailed in Virginia Code § 19.2-392.2(C). This bond acts as a form of assurance that the petitioner is committed to following through with the legal process.

Additionally, one critical aspect of the expungement process is undergoing a background check. The court will typically order a state police background check to verify the petitioner’s criminal history, ensuring that all information presented in the petition is accurate and complete.

Contested Expungement Hearings

Frequently, the Commonwealth’s Attorney may contest the petition. In such cases, a hearing is scheduled where both parties can present their arguments. A judge will then weigh the merits of the expungement based on the evidence and testimonies provided. As stipulated in Virginia Code § 19.2-392.2(E), the court will grant the expungement if it finds that the continued existence and possible dissemination of the charge present a manifest injustice to the petitioner.

After the Expungement Order

If the court grants the expungement petition, it will issue an order for the records to be sealed. The petitioner must then deliver this order to all relevant criminal justice agencies, ensuring that the expunged records are removed from public and official records.

Seeking Professional Assistance

While the process is more straightforward for those familiar with legal procedures, many individuals find it beneficial to seek professional legal assistance to navigate the complexities and ensure compliance with all statutory requirements. Experienced attorneys, like those at Lugar Injury Law in Roanoke, Virginia, can provide valuable guidance, streamline the process, and increase the likelihood of a successful expungement.

Obtaining an expungement can significantly improve your prospects by erasing the visibility of past mistakes. By comprehending and adhering to the detailed criteria and procedures outlined in Virginia Codes §§ 19.2-298.02 and 19.2-392.2, you can take a critical step toward building a brighter future with a clean criminal record.