McLean Expungement Lawyer

An arrest for a crime, even if you are never convicted, creates a criminal record that can be highly damaging to your future, both professionally and personally. Although state law does not permit you to expunge a criminal conviction, you may be able to wipe your record clean in selected cases. A McLean expungement lawyer could evaluate your situation and determine whether erasing your record is an option for you.

A record of an arrest or charges allows prospective employers and landlords to learn that you have a criminal background, even if you have no convictions. These criminal records can be damaging to employment opportunities and may make finding housing or getting a loan more challenging. A criminal defense attorney could help you avoid these repercussions by seeking an expungement on your behalf.

When is Somone Eligible for Expungement?

State law does not allow individuals to expunge their criminal convictions. However, Virginia Code §19.2-392.2 provides for the expungement of criminal records if an individual receives a charge with any criminal offense and any of the following result:

• An acquittal, or a finding of not guilty
• A nolle prosequi is taken
• The court dismisses the case (with some exceptions)

Additionally, if another person used someone’s name or form of identification without their consent and faced arrest or criminal charges as a result, this individual may file a petition for relief. The law provides that individuals do not need to pay a filing fee for this form of relief.

Filing for Expungement

Individuals may petition the court for an order of expungement as to all related police and court records. This person must attach a copy of their fingerprints to the petition, which goes to the Central Criminal Records Exchange (CCRE). In turn, the CCRE must provide the court with a copy of any pertinent criminal history and the charges an individual is seeking to expunge.

This petition must contain the following information:

• The name of the arresting agency and the date of arrest
• The specific criminal charge to be expunged
• The date of the final disposition of the charge
• The full name used at the time of arrest and the date of the birth of the person filing the petition

Individuals seeking an expungement must file their petitions in the circuit court of the city or county in which their criminal charges occurred. They also must serve a copy of the request on the attorney for the Commonwealth, city, or county in which they file their petition. Within 21 days of receiving the petition, the attorney may object, file an answer, or indicate no objection to the proposed redaction. An experienced McLean lawyer could help someone through the process of filing an expungement petition.

Court Proceedings for the Removal of Criminal Records

The court must conduct a hearing on all petitions for expungement after receiving the records from CCRE. Generally, if the court makes specific findings, it must grant the request for expungement. The court must find that the continued existence and possible dissemination of the records would pose a manifest injustice to the person seeking the removal of their criminal record.

In the absence of this finding, the court must deny the petition. However, state law also requires that if the arrest was for a misdemeanor offense, and the individual had no prior criminal record, the court must grant the redaction. The only exception to this general provision would be if the Commonwealth could show good cause why the court should not erase the records. An attorney in McLean can be vital in ensuring that the court makes the findings necessary to obtain an expungement.

Speak with a McLean Expungement Attorney

A McLean expungement lawyer could assess your circumstances and determine if your situation allows you to petition to erase your criminal record. Although expungement is a limited remedy, it is an avenue of relief in some situations. By getting legal advice, you can determine your eligibility and begin the process.