Can you expunge misdemeanor virginia

View this information as a pdf. The commonwealth keeps two copies of every criminal record. One is kept by the Virginia State Police and the other is kept by the court where the person was charged. The General Assembly created a list of situations in which certain individuals or government agencies can access sealed records but only if they obtain a court order to do so.

Police and prosecutors cannot view sealed records unless they get a court order. Some employers require the disclosure of all records—even sealed records. Other employers may also require the disclosure of sealed records if other state or federal laws say disclosure is necessary, or if disclosure is in the interest of national security. Because perjury requires a willful act, the potential employer has an obligation to tell you that you must disclose the sealed record. Most potential employers will not be able to require you to disclose a sealed record.

An employer who asks about sealed records when the law does not require you to disclose it will be guilty of a Class 1 misdemeanor. The new law addresses this situation by requiring companies that buy and sell criminal records to delete sealed records. The new law requires these companies to register with the Virginia State Police and keep their records updated.

If a company refuses to delete your sealed record, under the new law you or the Attorney General of Virginia can file a lawsuit and recover money damages from the company.

If you were convicted of one of the following misdemeanors, your record may be automatically sealed when twhen Virginia begins automatic sealing of criminal records on October 1, Additional requirements for misdemeanor automatic sealing:. If you were convicted of any misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events.

You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions dismissals, acquittals, nolle prosequi. If you were charged but not convicted of a misdemeanor offense, your record may be automatically sealed when the Virginia begins automatic sealing of criminal records on October 1, A non-conviction includes the following outcomes:.

If you have misdemeanor—or felony—non-convictions on your record but do not meet the requirements above, you can petition for expungement under current law. If you cannot afford to hire an attorney, contact any LAJC office to see if you qualify for our help. When a person is charged with certain offenses for the first time and has never been convicted of a felony, Virginia courts will sometimes defer avoid convicting the person even though the court has enough evidence to convict.

The person will typically have to complete some type of probation and pay all fines, fees, and restitution associated with the case.

If the person is successful, the court will dismiss the case. If you received a deferral-dismissal of the following misdemeanors, your record may be automatically sealed when the new law takes effect on October 1, If you received a deferral-dismissal for any other misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, Under the new law, felony convictions in the following categories will become eligible for sealing on July 1, If the Board finds a petition has merit, it will conduct a thorough investigation.

These investigations may take as long as a year to complete. If a petition is denied, another cannot be filed for two years after the date of the denial. Go to Site Help to see whether you might be eligible for Virginia legal aid services. Virginia has nine legal aid programs and you can use the find legal help page to locate your local office. To view a comprehensive guide on divorce, please access our Virginia Do-it-yourself Divorce Instructions here!

Individuals, families and small businesses can find plans that fit their needs and their budget, and nobody can be denied coverage for having an illness or a pre-existing condition.

Financial help is also available to help lower the cost of health insurance. Find Self-Help Forms with explanations on this site. L aw H elp. Hide Visit. Text size: A A A. Search for resources and organizations in this language Advanced Search. FAQ What is expungement? Who is entitled to obtain an expungement?

A person in a civil action who is charged with contempt of court, but is found not guilty. A person whose name or identification has been used without consent or authorization in a criminal case identity theft. A defendant convicted of a crime who later receives an absolute pardon.

How do I obtain an expungement? If I have been acquitted of a criminal charge, am I automatically entitled to have it expunged? Can I get my criminal record expunged if I believe I was unfairly convicted of a crime? If I got a plea bargain for my case, can I get my criminal record expunged? If a criminal charge against me was dismissed, can I get my criminal record expunged? If I was under 18 when I was convicted of a crime, can I get the record expunged? Can I get only part of my criminal record expunged?

How can I get my criminal record expunged if I am a victim of identity theft? Is there a special way I can get my DMV record corrected without getting a court expungement?

May I get a federal criminal record expunged? What is a "pardon" and how can I get one? If these conditions have all been met, the applicant must then include the following information in a letter to the governor: Full name and any previous names and aliases; Social Security number; Date of birth; Mailing and street address; Phone numbers; Dates regarding court appearances and convictions, sentences, or other dispositions of all misdemeanor and felony convictions; A complete statement regarding the details for each conviction; and An explanation of why the governor should grant a pardon.

Remove your location - OR -. Am I Eligible? Do-it-yourself Divorce Instructions To view a comprehensive guide on divorce, please access our Virginia Do-it-yourself Divorce Instructions here! Enroll Virginia! Representing yourself? It would also allow you to treat the charge as if it never happened. However, it is very difficult to get a reckless driving conviction expunged in our state.

Here are the limited circumstances when this may be possible:. If you are facing a reckless driving charge , or if your reckless driving charge has been dismissed or amended to another charge and you would like to expunge the original case record, our experienced attorneys can help you.

We represent clients in Fairfax and throughout Northern Virginia. Call our Fairfax office or start an online chat to schedule your free consultation today. Phone: Can my reckless driving conviction be expunged in Virginia?