Andre Hakes – Criminal Defense Attorney
Contact us today for an Initial Consultation – It’s the first step to protecting yourself.
Criminal records are the gift that keeps on giving. In Virginia, when you are charged with a crime, even a misdemeanor, the information about that charge is entered into the Virginia Criminal Information Network (VCIN, pronounced “Vee-sin”, and maintained by the Virginia State Police) and the National Crime Information Center (NCIC, maintained by the FBI) network. The records from those two agencies are usually what police, lawyers and employers mean when they talk about a “criminal record”. Even if you are found not guilty, the record of the charge remains in the database, and can impact your ability to get a job. It never goes away, unless …
Expungement is the process by which information about an arrest or charge can be removed from your record. Expungement is only available for those charges where the person was ultimately NOT convicted. Expungement is not available for charges which were taken under advisement and then dismissed pursuant to a first-offender statute, (usually where the Court continues the case and orders an evaluation and treatment, community service, probation, or the like, and then dismisses if you comply). If you were found not guilty, or the charge was “nolle prossed”, dismissed (including by accord and satisfaction), or otherwise disposed of than by conviction of first-offender statute, you may be able to wipe the slate clean again.
Va. Code §19.2-392.2 states in part “if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.” That means if your only charge was a misdemeanor, and you were not convicted (except first offender statute cases), expungement is almost always available.
Felony expungements require a bit more, but they can be done, too, in many cases. “If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge.” §19.2-392.2. Different courts view the “manifest injustice” standard differently. Different prosecutor’s offices take different positions on whether or not to oppose expungements, generally.
If you’re having trouble getting a job because of your criminal record, and you were not convicted, an attorney may be able to help.
Your Next Step:
Contact us today – We’re ready to help.
André Hakes, Criminal Defense Attorney
We have three offices conveniently located in Charlottesville, Palmyra (Across from Food Lion), and Harrisonburg, Virginia
Charlottesville Divorce Attorney - What To Expect During Your First Family Law Consultation
Protect yourself during Move-In or Move-Out of an Apartment
How do I find a good personal injury attorney?
Charlottesville Estate Planning Talk
Charlottesville Personal Injury - What Is My Case Worth?
""Bill Tucker and his team were the answer to my real estate prayers! After being transferred to another state .."" - Short Sales
""Yvonne Griffin represented me in an accident case that required many months of hands on attention .."" - Personal Injury
""Ms. Barnes, I cannot thank you and your staff enough for taking my case at was a very dark time for me .."" - Social Security Disability
""Lynn Bradley has been a force that has proven to be competent, professional and exceled at her work .."" - Worker's Compensation
""Ms. Hakes, Thank you so much. You don't know what a wonderful gift you just gave to me, my son's .."" - Criminal Defense
""When you first interview Laura Butler, it is apparent you are in the presence of a true professional in all .."" - Family Law
""Mr. Tucker, I cannot thank you enough for all your work. I wish everyone had your work ethic and attention .."" - Real Estate