Arrest Without Conviction In Fairfax
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Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.
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Virginia's criminal records are made public through Virginia's Online Case Information System. This system provides information about criminal charges and convictions from Virginia General District and Circuit Court cases.
There are two central requirements: First, there must be a "breach of the peace" or a felony being committed by the person who is subject to being arrested. So, if a citizen sees a suspect assaulting someone, the citizen can probably make a citizen's arrest.
You can navigate to the records. Section. And follow the instructions to request the specific.MoreYou can navigate to the records. Section. And follow the instructions to request the specific. Information you need another valuable resource is the Fairfax.
To get an expungement, you must file a petition and obtain a certified copy of your arrest warrant or indictment. Both documents should be filed in the Circuit Court where the charges against you were resolved. Then: The petition is served on the Commonwealth's Attorney.
You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging. You could lose your case if you don't follow the appropriate steps or complete the paperwork correctly.
Virginia Clean Slate Act Expungement is available only for arrests that did not result in a conviction. A person must petition the court for one of these expungements. A 2021 law, which takes effect in 2025, makes expungement automatic for many criminal records.
In order to seal your Virginia record, there is a ten year waiting period for felonies and seven year waiting period for misdemeanors before they are eligible to be sealed. During that time, there can be no new criminal convictions.
For Class 4 misdemeanors, a fine of not more than $250. (Examples include Public Swearing or Intoxication, Pulling Down Fences or Leaving Open Gates of Another)
