Virginia Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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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.

The Virginia Petition for Expungement of Record in Case of Acquittal and Release without Conviction is a legal process that allows individuals to request the removal and sealing of their criminal records after being acquitted or released without a conviction. Expungement is an important option for those who have been wrongfully accused and want to have their records cleared to avoid any negative consequences in the future. There are different types of Virginia Petitions for Expungement of Record in Case of Acquittal and Release without Conviction, depending on the specific circumstances: 1. Acquittal Expungement: This type of expungement is applicable when an individual is found not guilty of the charges against them in a trial. It allows for the complete eradication of the associated arrest, charges, and court records, ensuring that the case does not show up in background checks. 2. Release without Conviction Expungement: In cases where the accused was arrested but not convicted, this type of petition enables the expungement of all related records. It can apply to situations where charges were dropped, dismissed, or abandoned at any stage of the criminal justice process, such as during the pre-trial, post-indictment, or post-arraignment phases. The Virginia Petition for Expungement of Record in Case of Acquittal and Release without Conviction follows a thorough legal procedure. The petitioner must file a formal request with the court in the jurisdiction where the arrest or charges occurred. The petition should include relevant details such as the petitioner's personal information, the arrest date, case number, and details of the charges. Supporting documents, such as court orders, acquittal letters, or statements from the prosecutor may also be required. It is important to note that the expungement process can vary depending on the jurisdiction and specific circumstances. Therefore, it is advisable to seek legal advice or consult with an attorney experienced in criminal law to ensure a smooth and successful expungement process in accordance with the laws of Virginia. Expungement provides individuals with the opportunity to move forward without the burden of a wrongful arrest or charges negatively impacting their personal and professional lives. By removing these records from public view, individuals can regain their reputation and protect their future prospects.

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The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter.

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.

The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an ...

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.

If the court grants the expungement, this charge will not appear when someone runs a background check on you. Conversely, if the charge is dismissed and you don't get an expungement, the charge will appear on your record but it will show that the charge was dismissed.

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.

The law, which takes effect in 2025, makes expungement automatic in some cases and expands expungement eligibility to some criminal convictions.

Clean Slate Virginia uses new Virginia sealing laws and existing expungement laws to clear criminal records throughout the entire state of Virginia. When criminal convictions are sealed, they cannot be seen by the public or employers.

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This petition to expunge the police and court records, including electronic records, relating to the charge(s) detailed in. In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were ...Apr 1, 2023 — This Affidavit is not required if Petitioner has no prior criminal record and the arrest was for a misdemeanor or civil offense. ➢ A certified ... A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition ... If you qualify for an expungement, you must file a petition in the circuit court in the county or city where your criminal case was decided. You will also need ... 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 ... You must obtain 4 copies of the charge(s)/warrant and disposition you are filing to expunge. This can be obtained through the court your criminal case was heard ... If you have misdemeanor—or felony—non-convictions on your record but do not meet the requirements above, you can petition for expungement under current law. Guide to restoration of rights, pardon, and criminal record sealing & expungement following a Virginia criminal conviction. To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be ...

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Virginia Petition for Expungement of Record in Case of Acquittal and Release without Conviction