More details to this question:
I was 19 years old when the incident occured in 2004. I received a receiving stolen property charge and was given advice to plead guilty. I was told this would be off my record in 4 years however 11 years later I lost my job because of this. Is there any way I can have this off my record? I was nearly a juvenile when this happened and it is ruining my life and my future. All I want is to be a normal, productive member of society. This is the only incident that has ever happened to me in my life and it no way reflects my character.
1 ANSWER
1 Award
The Virginia Code is very clear that expungements are only available in cases of "actual innocence" meaning where the charges were dropped, you were acquitted, or the case was otherwise dismissed. Ordinarily when you plead guilty that charge will not be expunged. However, I have recently seen some judges granting them anyway, in contradiction of the statute, as long as the Commonwealth's attorney does not object. In a case like yours where the charge is more than a decade old and you were very young at the time, you might have a chance if you get a very nice judge on a good day.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Dec 22nd, 2014 at 9:44 PM