Most of the people are haunted by an arrest or conviction on their criminal record. A conviction for a crime that took place in past will display on your criminal record forever, unless you seek an expungement. Even when you are not sentenced or the trial is dropped, your arrest will be part of your criminal history until you act to eliminate it. With the help of an experienced and expert expungement attorney in Shenandoah Virginia, you might be able to have all the arrest record sealed. In effect, your arrest record will be wiped out.
According to Virginia statute, you may petition to have your criminal records erased in limited cases, with the following:
- You were cleared of the crime.
- The charges were discharged.
- Someone else committed the crime using your name.
In most of the cases, you cannot get a sentence expunged. If your sentence was later upturned, you may petition for expungement if you first receive a total pardon.
The state automatically expunges juvenile records annually. Your records are entitled at the next scheduled date after your 19th birthday, as long as at least five years have passed since your last hearing. Motor vehicle violations are erased after you turn 29.
Expungement Process in Shenandoah Virginia
In very first step in expungement process is to file a petition. This petition explains all the relevant facts and also states the individual’s eligibility, and request the relief required. The petition states the arrest date, arresting agency and is filed in the circuit court. Expungement is possible only if you were arrested and the prosecuting attorney eventually removed or dismissed the charges, or if you were found not guilty of the criminal offense. If you were found guilty or you pleaded guilty, the record cannot be erased. Contact a Shenandoah Virginia expungement attorney today to begin the process of getting the expungement of your illegal record.
Gradually, employers, property-owners and others are asking for background checks and rejecting jobs and housing to individuals with any type of criminal history. In certain jobs, such as working at a bank or as a contractor, or where you need to be merged, a criminal history can retain you from getting a job.
The Requirements of Filing and Hearing Expungement
In order to request expungement for the eligible records, you need to file the petition with the court in your city where the case is handled. You will also needs two copies of the petition.
- The attorney for the Commonwealth of the similar city or county
- The law enforcement agency where you must get a full set of your thumb print taken
The attorney can reject your petition. Once the court has all the material it needs, it will hold a hearing to decide if keeping the records creates an “obvious bias” to you.
Much like expungement, mercies are not easy to get in Shenandoah Virginia. An experienced expungement attorney can advise you about the requirements to have your previous conviction erased.