Expungement The Right Attorney Makes All The Difference

Virginia Beach Expungement Attorney

Call (757) 267-4949 for a Consultation

Expungement is a process in which your record of arrest or conviction is erased or concealed from the public. After your record has been expunged, criminal convictions and arrests are no longer required to be disclosed on applications for a job or apartment.

Additionally, your convictions will remain absent from background checks conducted by potential employers and educational institutions. Having your record expunged can help you overcome the social stigma that comes with a criminal conviction or arrest.

Is an Expunged Record Really Erased?

In the literal sense of the word, an expunged conviction is not completely erased. Expunged charges can still be viewed by government agencies, law enforcement, and criminal courts. This limited access to your record is sometimes called being "under seal." Some legal proceedings might consider an expungement that is under seal to be proof of a prior conviction.

Eligibility for Expungement

Recently, Virginia adjusted the eligibility requirements for expungement. As of July 1st, 2021, individuals with criminal records can petition the court to expunge low-grade felony and misdemeanor convictions, as well as dismissals. Previously, these types of charges would remain on an individual's record.

To petition the court to expunge a low-grade felony, misdemeanor, or dismissal from your record, you must meet the following requirements:

  • You have never been convicted of a class 1 or 2 felony, a class 3 or 4 felony within the last 20 years, or any felony within the last ten years;
  • You can only file a petition to seal convictions or dismissals a total of twice in your lifetime. This includes petitions filed under the former expungement laws.

Additionally, you will have to show the court that you have made efforts to adjust your behavior. For example, if your conviction involved drugs or alcohol, you will need to demonstrate rehabilitation for the court to expunge your record.

In addition to the above requirements, whether or not your record qualifies for expungement depends on the following:

  • State Jurisdiction
  • The Nature of the Crime
  • The Amount of Time that Has Passed Since the Conviction
  • Criminal History

Our Virginia Beach expungement attorney can assess your case and determine if you qualify to have your record expunged. Expungement law is complicated and different jurisdictions have different requirements. An experienced lawyer can inform you about the legal requirements needed for your record to be expunged. Call us today.

Expungement vs. Sealed Record

Although "expungement" and "sealing" are usually used interchangeably, there are some key differences. Expunged records are physically destroyed, while sealed records are hidden from the general public. However, some states don't allow for the destruction of records. In these states, your records can be unsealed in certain circumstances.

Our Experienced Defense Lawyer Can Help Clean Up Your Record

A criminal conviction can keep you from rebuilding your life and reputation. Let our lawyer help you out today. At The Law Offices of Daniel J Miller, we provide knowledgeable legal advice and representation that is tailored to your situation. Our team is ready to fight for your rights.

Call (757) 267-4949, or contact us online for your consultation with a Virginia Beach expungement lawyer.

Every Client Matters

Your Rights Deserve to Be Protected
  • Lindsey was great !

    “Lindsey was great ! Kept me updated and informed, Attorney Blair got me through a tough time and even though I ended up settling that was my choice to end it not Attorney Blair’s.. i appreciate everyone in the office for their help and hard work on my case as I know it takes many to get the job done… so happy to put this in the past and move on and live my life without this stress thanks again to all the staff and Attorney Blair”

    - Kimberly H.
  • I highly recommend his service.

    “Daniel Miller has done an excellent job with my case. I am so pleased with the outcome of my court hearing. His whole office is top notch providing professional guidance in my time of need. I made a bad decision that got me in trouble with the law. My decision to hire Mr Miller was the start of making good decisions. I was so impressed with my initial consultation on the phone with Mr Miller and even more impressed by his court hearing command. I highly recommend his service.”

    - Steve W.
  • I would recommend them to anyone

    I had a long and exhausting divorce and would like to thank Jeff Blair, Lindsey, and the whole team. I would recommend them to anyone going through a contested divorce

    - Maxwell M.
  • I would highly recommend

    “Attorney Miller, along with his paralegal staff, were very helpful during a time of immense stress for me. I would highly recommend him to anyone needing representation for traffic court.”

    - Jazmin T.
  • Mr. Miller is the best at what he does.

    “Mr. Miller is the best at what he does. He fights tooth and nail for you and gives you the best possible outcome. The entire firm staff was great as well. From constant check ups on you to how you are doing after. God Bless Them All.”

    - Mel C.

Case Results

A Track Record of Success
  • Protective Order Domestic Violence

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Pre Litigation Defense – Rape Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.

  • Protective Order Family Law

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Driving Under the Influence 4th Offense– Bond Hearing DUI

    Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.

  • Violation of Protective Order – Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.

  • Breaking and Entering with Intent to Commit Misdemeanor Felony Defense

    Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

  • Third Offense Petty Larceny Felony Defense

    Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.

  • Possession of Marijuana- Appeal Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

  • Driving Under the Influence DUI

    Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

  • Domestic Violence Domestic Violence

    Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.


Why Hire Us?

We Never Back Down
  • Personalized Attention for Each Client
  • A Proven Track Record of Results
  • Experienced & Knowledgeable Legal Advice
  • Invested in Your Case & Your Success

Contact Our Team

Your Rights Don't Wait. Neither Should You.
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