Fairfax Virginia Motion to Seal Records and Documents

State:
Multi-State
County:
Fairfax
Control #:
US-03331BG
Format:
Word; 
Rich Text
Instant download

Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Code §§ 16.1-69.55, in misdemeanor cases under Va. Code §§ 16.1-253.2, 18.2-57.2, or 18.2-60.4 all documents must be retained for twenty (20) years from the final hearing date.

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 fingerprinted, and there is a waiting period. During that waiting period, the Commonwealth's Attorney receives a copy of the petition, and has an opportunity to object.

It can take anywhere from 90 to180 days from the date the State Police receive the Order to Expunge for the record to be removed from public access. OBTAINING FINGERPRINT CARD FOR CRIMINAL HISTORY CHECK: NOTE: Not required for expungement due to absolute pardon.

The fee for filing a proceeding is currently around $84 and the cost of serving the petition on the state is $12, for a total of $96. You should call the Circuit Court clerk's office in your jurisdiction, before you go in, to find out the exact amount and whether they require cash or will accept a money order.

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 fingerprinted, and there is a waiting period. During that waiting period, the Commonwealth's Attorney receives a copy of the petition, and has an opportunity to object.

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. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.

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.

If you are eligible to have your record expunged, you may file a petition for expungement. You must file the petition in the circuit court of the county or city in which your case was handled. (Virginia Statutes § 19.2-392.2 (2018).) You can find the petition forms on the website of the Virginia Judicial System.

STEPS DURING AN APPLICATION If the Director-General is satisfied that a person meets the requirements, he or she will issue a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expungedthis process takes 3 months.

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.

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Fairfax Virginia Motion to Seal Records and Documents