How do I get my record expunged in the state of virginia on a first offense misdemeanor conviction that occurred over 10 years ago?
Asked on May 31st, 2017 on Expungements - Virginia
More details to this question:
I accepted an Alfred plea approximately 10 years ago due to extenuating circumstances for a simple assault. I am in the process of pursuing a career and would like to inquire about getting my record expunged. This was my first offense and last.
Convictions are not eligible for Expungement. Expungements are for cases of "actual innocence" such as where the charges were dropped or you were tried and acquitted. Convictions will ordinarily stay on your record forever. That said, I did observe a case once where a judge agreed to expunge a very old charge for a person where that was their only charge. In so doing the judge even acknowledged that the court did not really have the authority to do it. So never say never, but you would have to be really lucky to get a sympathetic judge like that. As a lawyer I would not take someone's money and try this when the statute says it should not be granted. But you could try it yourself and see what happens. All you would be out is your $86 filing fee.
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