QUESTION

Possibility of Expungment after 50 years with no other violations.

Asked on May 03rd, 2012 on Expungements - Virginia
More details to this question:
In the 80s I petitioned Gov. Whitehurst for A full pardon , however he would only grant me A partial rights restoration.I recently retired with 36 years of service from a wholesale beverage company.In 2006 I requested a record check in the city where I was arrested and discovered that I did not have any record of any wrong doing.I applied for a concealed weapons permit and was granted one from southampton county however when I went to purchase a weapon I was detained and denied the purchase.The trooper that investigated my case told me to request a hearing and re-file.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Expungements are only granted in Virginia in cases of "actual innocence."  These are cases that were dropped by the prosecutor before trial, cases where a person was tried and acquitted, or cases that were "otherwise dismissed" that do not involve a plea of guilty or a finding of guilt.  In your case because you applied for a pardon, that would ordinarily indicate that you either pled guilty or were tried and found guilty.  That means you are not and will never be eligible for an expungement in Virginia.  However, you do have the option to request a pardon, which you already did.  if your rights were partially restored, did this include the right to carry firearms?  If so, can't you simply show the order to the weapons dealer?  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.
Answered on May 04th, 2012 at 3:11 PM

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