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Virginia Beach Expungement Attorney

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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.

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