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Who is eligible for an expungement in Virginia?

On Behalf of | Jul 12, 2024 | Expungement |

A criminal record can be one of the worst aspects of an arrest or a criminal charge. The state records of an arrest or prior charges can turn up whenever someone is subject to a criminal background check.

Various parties could learn about someone’s brush with the law for years after an incident occurs. Criminal records can hold people back from advancing their careers or finishing college degrees. Many people who have made a single mistake in their past aspire to move on from that prior mistake.

An expungement may seem like the best way to achieve that goal. Expungement or record sealing involves limiting access to certain criminal records. Who might be eligible for an expungement in Virginia?

Virginia has strict expungement rules

In some states, it is possible for those convicted of misdemeanors and even felonies to remove the record of their prior offense. Virginia’s expungement rules are less lenient than the laws in many other states.

In Virginia, expungement only applies to arrest records or criminal charges that led to a dismissed case or an acquittal. The state does not expunge records of a criminal conviction. Even if someone always maintained their innocence, a guilty plea or conviction at trial prevents them from removing or sealing the record of their prior criminal offense.

Those arrested by the police but never charged with a crime can expunge the record of their arrest. They can ask the courts to seal the record so that it doesn’t show up when employers or other parties perform background checks.

If someone took their case to trial, only to have the courts dismiss the charges against them, they could potentially expunge the record of their arrest and the state records of the charges they faced. The same could potentially be true in cases where the courts eventually acquit someone or find them not guilty of the charge.

The expungement process in Virginia is complex, and small oversights can reduce someone’s chances of success. Having appropriate assistance when pursuing an expungement can improve someone’s chances of success. Those who understand when expungement is available can limit the impact a prior mistake or misunderstanding can have on their future.