Sample Letter To Judge For Expungement In Virginia
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Declaration: Acknowledge the conviction and take responsibility for your actions. Circumstances: Describe the life circumstances at the time of the conviction. Steps Taken: Detail the positive steps you've taken since the conviction. Reasons for Expungement: Explain your goals and why you're applying for expungement.
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Tell the Judge that you want to have your criminal record sealed, explain the charges you wish to erase from your record and that the proper time has passed. Explain to the Judge that you have been rehabilitated and why it is important to have your record sealed.
Instructions for writing the letters: Introduction: Write the date. First Paragraph (write 3-5 sentences): Introduce yourself to the judge. Second Paragraph (write 3-5 sentences): What are the positive character traits of the person who is trying to clear their record? ... Third Paragraph (write 3-5 sentences). Closing:
Tell a story: Share a personal anecdote or story that illustrates the defendant's character, growth, or contributions to their community. This can help humanize the defendant and make a stronger case for expungement.
In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.
Having your criminal record expunged essentially means the information associated with your arrest will be treated as “confidential”. Records that have been expunged are not visible to landlords, bankers, or most employers.
Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if your situation meets the requirements for an expungement. You may always file the case without an attorney (“pro se”).
An expungement only applies to those found innocent or not convicted. An expungement does not apply to those who have been convicted of a crime, unless the conviction is later overturned or an absolute pardon is granted. Absolute pardons are granted only in rare cases by the governor.
