QUESTION
Entering in a dwelling with intent to do damage/Unlawful Entry
Asked on Jul 09th, 2014 on Criminal Law - Virginia
More details to this question:
I was 19 and was young and dumb and stole a phone case from Walmart. I was caught and admitted to it without incident, however I had a lawyer help me drop the incident from Petit Larceny to an Unlawful Entry. I shows on my record as Entering a Dwelling with intent to do damage. Is this the same charge and how long can I wait until I can have this expunged? This is greatly effecting my employment and other than this I have a clean record. I really need some advice with this if anybody can help me out!
1 ANSWER
1 Award
These are different charges, but all misdemeanors, so potential employers may not make the distinction between different classes of misdemeanors.
If you pled guilty, you cannot have that charge expunged, ever. Expungements in Virginia are only for cases of "actual innocence" such as when the charges are dropped or you are acquitted.
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 Jul 09th, 2014 at 8:12 PM