When is the Best Time to Apply for an Expungement in Virginia? How Long Does it Take to Expunge My Criminal Record in Norfolk?
Before you begin the expungement process, keep in mind that the expungement laws in Virginia are very limited.
Virginia does not allow for the expungement of any conviction from your criminal record no matter how old.
You are eligible to petition the court to expunge a charge from your criminal record if you were found not guilty, if the charge was dismissed against you, if the Commonwealth’s Attorney nolle prossed (withdrew) the charge against you or if someone else committed a crime in your name and you were wrongfully arrested due to identity theft.
Felonies that were reduced to misdemeanors, deferred dispositions or first offender program dismissals are not eligible for expungement in Virginia.
In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.
If the Commonwealth’s Attorney objects to the expungement petition, then you and your lawyer will be required to attend a court hearing and establish how retaining the criminal charge on your record is a manifest injustice to you.
Also, if you a college student seeking to expunge a criminal charge, you should not wait until you are in your final year of school or close to graduation to try to clear your criminal record. It is quite common for college students to want to expunge charges like drunk in public, underage possession of alcohol, maintaining a bawdy place, disorderly conduct, and possession of marijuana.
Don’t wait until you are applying for your dream job or need that security clearance.
Get to know the particulars of expungements in Virginia before filing your petition and you should consult with an experienced expungement attorney in Hampton Roads to make sure you are eligible.