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

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Multi-State
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US-02243BG
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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.

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FAQ

Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer.

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.

Misdemeanor conviction records may be automatically sealed seven years after a conviction as long as specific criteria are met. First, you must not be convicted of a separate crime that is ineligible for automatic expungement at the same time as the misdemeanor.

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.

You can apply to have your misdemeanor conviction expunged five years after completion of your sentence for a non-status offense. You can apply to have your misdemeanor conviction expunged one year after completion of your sentence for a status offense.

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 ...

If the person does not have a criminal record and the arrest was for a misdemeanor, Virginia law allows for expungement and if the government opposes it the burden is on the government to prove why the expungement should not be granted.

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