How Can I Get My Criminal Record Expunged in Virginia?
Expungement is the deletion of a criminal charge from your criminal record. After a Judge or a magistrate signs the Order to expunge any criminal charge, it is directly removed from both; the Court’s record and your police record as well. After this, you may legally and honestly reject the existence of your expunged record. Moreover, you may not be denied any permission, employment, or license based upon your expunged records.
However, it is important to note that your expunged records may be revealed for purposes of job application in connection to employment with a law-enforcement support or for purposes of a pending criminal inquiry where such investigation would be risked or that life or property will be vanishing absent access to your record, (Virginia Code §19.2-392.3) as per the code of Virginia.
- Do the records just vanish?
Well, no. When a criminal record is expunged, the record is not demolished but removed from the general public access and gets sealed, but the Law Enforcement Agencies will always have an access to your expunged record.
- How do I know that I am eligible to get my criminal records expunged?
If you were charged and then cleared, charged again and then your case was literally unwilling to pursue, or if you were allowed a pardon, you may request for an expungement of your criminal records. Moreover, if you’ve been classified as a first-offender arrested for a misdemeanor offense or if your name or other identity was used without your will or consent by another person who has been arrested or charged using your name or identity, then you may be eligible for an expungement of your records as per the code of Virginia §19.2-92.2.
- What records may be expunged?
Under the code of Virginia §19.2-392.2, an eligible person may file for the expungement of court and police records relating to the criminal charge expunged. Then the agency with the control of DNA records (forensic department) will be asked to purge all criminal records and identifiable information in its data bank relating to the person and demolishing all samples from the person. However, the only way these divisions can accomplish the expungement is by both a certified copy of the court order reversing and dismissing the conviction and a written request for expungement pursuant to the Virginia Code. §19.2-310.7.
- How do I get my criminal records expunged?
If a Writ Vacating a Conviction is granted, then the Court will automatically move a copy forward of the Writ to the circuit court, and no other petition or request is necessary.
The papers for completion of the Writ are following:
- One (1) original Petition for Expungement of Record and a certified copy of the charge with the disposition of the charge(s) requested to be expunged.
Four (4) additional copies of the Petition for Expungement and charge(s) with disposition of the charge(s requested to be expunged.