QUESTION

My son is 24 and has Aspergers Syndrome. He pleaded guilty to two misdemeanors in return for dropping two absurd felony charges Any expungement now?

Asked on Mar 21st, 2012 on Criminal Law - Virginia
More details to this question:
He has gone through a living hell with rental agents, volunteer job reviewers, school admissions, employment reviews, etc. Our lawyer at the time told us it was the safest way to compromise. In hindsight, this advice was beyond bad. My son was apprehended,had his head held to the gournd by an officer''s boot, after inadvertantly scratching him. He was thrown in a squad car and could not settle down from lack of medication. He was threatened to be tazered in the back seat and in fact was shot in the sneaker. He feared for his life and knocked out a window. The scratch and police car damage resultied in two "felonies"/ Is there a way to file a writ of actual innocence or a pardon with the governor to clear his name and frankly my family''s? As a handicapped citizen he has suffered and so have we.--State of Virginia
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1 ANSWER

Criminal Law Attorney serving Chesterfield, VA
1 Award
If these charges are more than 10 (or maybe 30) days past their court date unfortunately the answer is no.  A person can only have charges expunged for which they are found not guilty, are nolle prossed, or are otherwise dismissed.  If a person is found guilty the offenses cannot be expunged. Please see: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2 This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  
Answered on Mar 25th, 2012 at 6:39 PM

Please note that this does not constitute an attorney-client relationship nor is it legal advice.

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