The Expungement Process In Fairfax Virginia

Fairfax Expungement Process

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One mistake leading to criminal charges being brought against you can severely affect the rest of your life. Most application processes (for employment, property rental, and others) require that you divulge any prior criminal history. More often than not, an application will be denied even if the charges never resulted in an arrest or conviction.

Expunging a criminal record provides the means to either hide, seal or destroy a criminal history and is especially meaningful when only one mistake was made early on in life. However, the process and laws governing the process vary from state to state. Some states don’t allow any form of expungement while others will allow certain records to be sealed or permanently deleted and destroyed. Speak with an attorney in your state. For instance, If you were arrested in Virginia, you want to find a criminal lawyer that understands the legal proceedings of that state. Here is a general overview of the entire process of having something removed from your record.

The Application Process

Not every person with a criminal history has the right to petition the court to have their record expunged. Eligibility to apply is dependent upon the following factors:

  • The specific offense that was committed. Some jurisdictions will only allow the expungement of misdemeanor charges while others will consider felonies.
  • The sentence or probation period has elapsed. There are some cases where the court will shorten the sentence or probation period to expunge a record.
  • If any reasons for an expungement of the record have come to light.

The application needs to be delivered to the district attorney or the court depending on the state in which you reside. The judge will then evaluate the documents and make a decision. In some states, a hearing will be necessary before a petition can be granted.

You do not require advice or representation from an attorney or lawyer to apply for to have a case expunged. If you have however previously been denied expungement or if the court requires a hearing, it may be advisable to seek legal advice. This will also be of concern regarding the type of arrest. An arrest and conviction for DUI may require a top-tier drunk driving lawyer to help have the case removed from your record. Something of a smaller degree may require less of a legal representative.

Supporting Documentation

You will need to attach all warrants related to the criminal history as well as dispositions and any other documentation related to the charges, conviction, and sentencing. You may need to go to your local police department to get fingerprinted.

If a court hearing is requested, you will need to schedule a court date and fill out a notice to the court clerk. You should also take a court order document with you to the hearing to be completed by the clerk and signed by the judge if the petition for expungement is granted. You should also bring along any evidence and compile a written explanation as to why the record should be expunged.

Each State Is Different, Be Sure You Have An Attorney

It cannot be stressed enough that the process differs from state to state and in some cases in different counties. To ensure that you get the process right the first time and save you the time, effort and cost of refiling a petition, you should seek the advice of an attorney. Find an attorney who is local and well versed in the law related to your criminal history as well as the expungement process to provide you with assistance.