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

Virgin Islands Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02241BG

Format:

Instant download

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.

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

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FAQ

36 Crimes that Cannot be Sealed or Expunged in Florida Arson. Aggravated Assault. Aggravated Battery. Illegal use of explosives. Child abuse or Aggravated Child Abuse. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult. Aircraft piracy. Kidnapping.

Expungement typically takes about 7 months in Florida. Most attorneys charge around $900 for expungement. Some attorneys offer a money back guarantee in case the judge does not grant your expungement. Florida has a separate legal process to restore firearm rights if that is the main reason for your expungement 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.

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.

For cases where ALL charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021 or later the court will expunge the case automatically after 3 years. You may request expungement earlier than three years by using this form. There is no fee to do so. Form CC-DC-CR-072D.

Florida law explicitly states that the following violent offenses are always ineligible for expungement: Homicide. Manslaughter. Burglary of a dwelling. Kidnapping. Child abuse. Sexual battery. Any offense that requires sex offender registration. Assault & Battery.

Seal or Expunge Your Record. Florida law just changed the rules to seal or expunge a criminal record. The new eligibility requirements to seal or expunge took effect on October 1, 2019. The biggest change is that out-of-state convictions no longer matter.

If you have been adjudicated guilty of a felony in the state of Florida, the felony will likely remain on your record permanently unless you ask your governor for clemency to restore some of your rights.