In Virginia you can only expunge a criminal record if you are "actually innocent" meaning that the charges were dropped, you were tried and found not guilty, or the case was "otherwise dismissed." If you pled guilty as part of a plea bargain, which is extremely common, even with first offenses, then you cannot expunge that record. Unfortunately, any convictions will be part of your permanent record.
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.
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