Expungements Legal Questions

You did not state whether you were convicted or pled guilty to the charges.  If you pled guilty as part of a plea agreement or you were tried and found guilty, then these charges can never be cleared from your record.  Expungements in Virginia are only granted in cases of actual innocence, such as when the charges are dropped or you are tried and found not guilty.  Then the records of your arrest and charges can be erased.  If you are not sure whether you were convicted or not, an attorney can help you look up your case on-line and determine whether you are eligible for an expungement.  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.     ... Read Answer

I looked you up on the AOPC website and there is no reference to the case.  Maybe you got ARD and it was expunged?  It is also possible that any record was archived because it is so old, so I suggest that you obtain a PSP background check to see if it is showing up.  If you were convicted you would need to get a Governor's pardon before it could be expunged.  We handle lots of those and could guide you through the process.  If you were not convicted or got ARD then you would be entitled to the expungement.... Read Answer

You are not absolutely entitled to a partial expungement (having the felonies removed in a case where you were convicted of lesser charges) but we have had great success in accomplishing this for many clients.  It would be tougher if there was a strong community interest in maintaining the record, for instance if the felonies were sex-related charges but could not be prosecuted because the witness died before trial.  Normally this sort of thing is not the case and it is not a problem.... Read Answer

California has a law which allows reduction if the case was what is called a wobbler, can be charged as a felony or misdemeanor, and you did not go to prison. There are other crimes which never reduce to a misdemeanor. There is also the clean slate program in CA. Check that out on the internet.... Read Answer

Assuming you pled guilty or were otherwise found guilty of the charge, you cannot have it expunged.  Expungements in Virginia are only for cases of "actual innocence" such as where the charges were dropped or you were acquitted after a trial.  While pardons are granted in rare instances, that will not remove it from your 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. 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.... Read Answer

Various lawyers handle this type of case.  Some criminal defense lawyers also handle pardons, but many do not, since this is outside of the typical criminal justice process.  Most lawyers who handle expungements will also handle pardons, clemency petitions, and restoration of rights.  While pardons are extremely rare, clemency is granted pretty routinely, as are restoration of rights petitions.  Our office handles all of these types of matters. 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.... Read Answer

You cannot expunge felony convictions in Virginia.  You cannot expunge any convictions in Virginia.  You can only expunge charges and arrest records where the charges were dropped or otherwise dismissed.  Your only options are to file for a restoration of your rights, such as the right to vote, serve on a jury, serve as a notary, and to carry firearms.   You can also seek clemency and/or a pardon from the governor.  But none of these will erase the conviction record.  These will be on your record forever. 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.  ... Read Answer

you could not convicted under the false name. you would only be convicted with your actual name. we can have that conviction expunged if it is a NJ conviction. we cannot expunge the NY conviction. please call to discuss. ed dimon, esq. 732-797-1600 ext 235. we do the difficult expungements.... Read Answer

we did a case this month where there were three convictions and we successfully argued that this was a spree and one conviction. there were excellent extenuating circumstances. we also did a case where the crime was not capable of being expunged and we received a pardon from the governor. we did a third case where the crime could not be expunged and we had the prosecutor 'change' the charge from 1998 so that the charge could be expunged. these are difficult cases to win. please call if you would like to discuss. ed dimon, esq. 732-797-1600 ext 235... Read Answer

You can apply for expungement of the PC 459 (Burglary) and PC 211 (Robbery) convictions by applying to the local District Attorney's office in the County where the conviction occurred. As these are not sex crimes or crimes against children, and if you have no later felony convictions in California or any other state, you should be able to get the expungements granted. I believe most local D.A.s office have a form application you can fill out and send back in. Depending upon how the local D.A. views the matter, you may be able to appear at the court hearing by phone or they may require you to attend in person. I believe you will also have to get a set of fingerprints from your local police department to send in with the application. A good approach would be to contact the local bar association in the county where the convictions occurred to get a referral to an attorney who does criminal defense in that county. The attorney should be able to explain how that county handles these applications.... Read Answer