What Cannot be expunged in Virginia?

Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.

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Motion to Expunge Criminal Offender Record due to Charges having been...

Virginia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

Q: How do you get a nolle prosequi expunged in Virginia?

If the prosecutor&#039;s request for a nolle prosequi is granted, you may have a right to have the criminal charges against you expunged from your criminal and police records. However, an expungement would not occur automatically. You would have to file a petition with the court and ask the judge to grant your request.

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.

All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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How to fill out Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

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If the prosecutor's request for a nolle prosequi is granted, you may have a right to have the criminal charges against you expunged from your criminal and police records. However, an expungement would not occur automatically. You would have to file a petition with the court and ask the judge to grant your request.

The filing fee is $98.00; once your case is entered you will receive a case number. Any future documents should have this number on them. Once your case is filed; service will be issued to the Commonwealth of Virginia. You will be given a copy of your documents to take to the State Police for fingerprints.

Under current Virginia law, the court will only seal your criminal records if: (1) you were acquitted; (2) the government decided not to prosecute you; (3) the charges against you were dismissed without evidence sufficient for a finding of guilty; or (4) the crime was committed by someone using your identity.

If you were convicted of a misdemeanor other than DUI or a domestic assault or battery, you may petition the court for an expungement. However, some felony convictions may cause the court to deny your petition.

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.

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.

Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.

Virginia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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How to fill out Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

Form popularity

FAQ

How do you get a nolle prosequi expunged in Virginia?

How much does it cost to get your record expunged in Virginia?

When a case is dismissed is it still on your record in Virginia?

What charges Cannot be expunged in Virginia?

What is the new law for expungement in Virginia?

What are the requirements for expungement in Virginia?

How do you get a dismissed case expunged in Virginia?

What Cannot be expunged in Virginia?

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Virginia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

Description

Related forms

Viewed forms

How to fill out Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

Form popularity

FAQ

How do you get a nolle prosequi expunged in Virginia?

How much does it cost to get your record expunged in Virginia?

When a case is dismissed is it still on your record in Virginia?

What charges Cannot be expunged in Virginia?

What is the new law for expungement in Virginia?

What are the requirements for expungement in Virginia?

How do you get a dismissed case expunged in Virginia?

What Cannot be expunged in Virginia?

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