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Virgin Islands
Motion for New Trial for Purpose of Expunging Criminal Record

Virgin Islands Motion for New Trial for Purpose of Expunging Criminal Record

Category:

Criminal - New Trial

State:

Multi-State

Control #:

US-02609BG

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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FAQ

If you receive a PBJ from a District Court Judge, probation can last for a maximum of 3 years. A probation before judgment from a Circuit Court Judge can last up to 5 years. If you want to read the full text of the PBJ rules, check out Maryland Courts and Judicial Proceedings Section 6-220.

A case that ends in PBJ may be eligible for expungement, but there are some exceptions. Those exceptions include DUI and DWI, cases where you had a subsequent conviction, or if you have a pending criminal case.

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.

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.

In Maryland, a DUI charge will remain on your criminal record for ten years from the date of conviction unless you hire a lawyer and take steps to have it removed.

Expungement. An expungement is usually available after three years if you receive a Maryland PBJ, with some exceptions. A guilty disposition usually cannot be expunged in Maryland, but there are a growing number of exceptions.

Yes, DUI charges can be dismissed in Maryland. Your lawyer may be able to convince the State to do so based on a flaw in the prosecution, or by forcing a trial when the State is not prepared.

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.