Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record

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Description

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 Affidavit in Support of Motion to Order Expungement of Criminal Record is a legal document used in the state of Virginia to request the expungement of a criminal record. Expungement is the process of sealing or erasing a person's criminal record, making it inaccessible to the public. When preparing the Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record, it is crucial to provide a detailed description of the reasons why expungement is being sought. This description should outline the circumstances of the arrest, charges, and any subsequent actions taken by the individual. By providing compelling arguments and evidence, one can increase the likelihood of a successful expungement request. Some of the relevant keywords that could be included in the description are: 1. Expungement: The process of legally removing or sealing a criminal record. 2. Virginia: Specifically referring to the state where the expungement is being requested. 3. Criminal Record: The official documentation of an individual's criminal history, including arrests, charges, and convictions. 4. Affidavit: A written statement made under oath, certifying the truthfulness of the information provided. 5. Motion: A formal request made to the court to take a specific action. 6. Support: Providing strong evidence and compelling arguments to justify the expungement request. 7. Order: A directive issued by the court instructing the relevant authorities to take a specific action. 8. Detailed Description: A comprehensive account of the circumstances of the arrest, charges, and subsequent actions taken. 9. Types of Expungement Affidavits: Depending on the nature of the criminal offense, there may be different types of expungement affidavits, such as those for misdemeanors, felonies, juvenile offenses, or specific types of crimes. It is important to consult with an attorney or legal professional familiar with Virginia law to ensure the accurate completion of the Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record. The specific requirements and guidelines for expungement can vary, and professional advice can help in crafting a persuasive document.

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How to fill out Virginia Affidavit In Support Of Motion To Order Expungement Of Criminal Record?

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FAQ

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.

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.

The process can be difficult and because it requires filing a petition in circuit court, many applicants find it helpful to work with a Virginia expungement lawyer who can advise them as to whether they may qualify for an expungement and who will advocate appropriately on their behalf to help achieve the desired ...

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.

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 ...

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.

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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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 ... This petition to expunge the police and court records, including electronic records, relating to the charge(s) detailed in.Fairfax County, Virginia - An Expungement is an action used to delete all police and court records pertaining to a criminal case. Sign the Affidavit in Support of the Motion to Expunge or Seal Record on the line marked ... Bring the Order for Expungement or Sealing of Record to the hearing. To fill out a form, open the form by clicking on it. All fields within the form that can be edited will be highlighted in grey. Click inside the first field you ... Attachments, Order and Affidavit of Service to the courthouse to “file” them with the court. Tell the court clerk that you need to file expungement papers and ... 1. Fill in the required fields in the Motion to Expunge or Seal Record – The Defendant's name, case number, bureau of criminal identification number, the ... The petition shall further state the specific criminal charge or civil offense to be expunged, the date of final disposition of the charge as set forth in the ... To get a clearance, you will need to complete a PD Form 70 (Criminal History Request) for a record check. ... arrest record for filing a sealing or expungement ... Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements ...

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Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record