Yes, but only in specific situations. You know how stressful it is to get charged with a crime and while getting it dismissed or nolle prosequi is a relief, the harm to your reputation does not end there. A charge that remains on your record, even if dismissed, can create significant obstacles in your life. The shadow of an arrest can linger longer after your case is closed if you do not get it expunged because it will continue to show up on background checks for many jobs, housing, or even education. The criminal defense attorneys at The Griffin Law Firm know the law and can guide you through the expungement process.
Ways You Can Seek an Expungement Under Virginia Code §19.2-392.2
Virginia lawmakers recognized that having a criminal charge remain on your record can cause a manifest injustice and understand that “arrest records can be a hindrance to an innocent citizen’s ability to obtain employment, an education and to obtain credit.[1]” Under Virginia law, you are typically eligible for an expungement if one of the following has occurred:
- You were acquitted of the charge;
- The charge was dropped (nolle prosequi) or otherwise dismissed;
- Your identity was misused for an arrest;
- You received an absolute pardon for a crime you did not commit; or
- Your conviction was officially vacated a court.
Virginia Code §19.2-392.2(F) explicitly states that “if the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement.” (emphasis added).
FAQ
What is the Effect of Expungement on Background Checks? An expungement order requires the removal and sealing of police and court records for the specified charge. This means it should no longer show up on most public background checks conducted by employers, landlords, or schools.
Will an Expungement Still Affect My Military Career or Federal Job? If you have a clearance or are seeking one by getting ready to fill out your first SF-86 or update an e-QIP, you will be asked if you have ever committed or been charged with a crime. While you have to respond truthfully, being able to tell an investigator that your charge(s) got expunged can go a long way towards helping you mitigate any security concern under Guideline J for Criminal Conduct.
Do I need an Attorney to Help Me with an Expungement? Navigating the expungement process requires careful attention to the statutory requirements and case law. The criminal defense attorneys at The Griffin Law Firm can assess your case, determine if you are eligible, and help you file a compelling petition to the Circuit Court where your charge(s) was heard. We can also represent you in Circuit Court and argue your case before the Judge should the Commonwealth object to your petition.
Act now to find out if you are eligible for an expungement in Virginia. The criminal defense attorneys at The Griffin Law Firm are standing by to help you move on with your life after a criminal charge ends with an acquittal, dismissal, or nolle prosequi. We can help see where your case stands and guide you through the expungement process in Virginia. Reach out for a confidential consultation to get guidance before you take the next step.
Call (888) 504-2008 to speak with our team about your Expungement.
[1] See A.R.A. v. Commonwealth, 295 Va. 153, 159-60, 809 S.E.2d 660, 663-64 (2018).