Virginia expungement laws say any record that is expunged will be sealed, obliterated, deleted, or omitted. The person whose record was expunged has the right to deny any involvement in the crime. That person cannot be denied employment, permits, or licenses based on the crime that was committed after a criminal record expungement.
There are some instances where the record may be revisited. If applying for a job in law enforcement, the criminal record expungement may be brought up. Also, any criminal investigation where someone's life or property is in danger can lead to the expungement being unsealed. Criminal investigations regarding the person whose record was expunged can also unseal the expunged record. The main benefit of a criminal record expungement under Virginia expungement law is the blocked access to the record regarding the public.
Who can have their Record Expunged?
Anyone who has had been acquitted, had charges dropped, or has been pardoned can apply for an expungement. First time offenders that were arrested for a misdemeanor may receive an expungement. People whose names were wrongly involved in a criminal investigation and as a result were given a criminal record may have their record expunged.
What Records can be Expunged?
Police records and court records may be expunged. Any records containing DNA and other identifiable information should be destroyed if they are granted an expungement.
Filing a Petition for Virginia Expungement
To file a petition for expungement, the person must fill out all required documents and submit them to the county Circuit Court. All documents and filing fees must be paid. The petition must contain all the information regarding the petitioner and the case, such as social security number, offense committed, criminal history, and the date of the final disposition of the charge to be expunged.
The Commonwealth attorney may file a petition attempting to block the Virginia expungement. A hearing will take place in the county where the petition is filed. If the court rules the person is deserving of a criminal record expungement, it will be granted to them.