Amelia County Expungement Lawyer

If you have a criminal record from a previous conviction and are concerned about how this could affect your future, speaking to an Amelia County expungement lawyer could be the next step in clarifying your rights and determining whether or not you could pursue the legal process of getting this removed from your criminal record.

It can be an overwhelming and unwelcome experience to have a criminal record from your past continuing to follow you years into the future. It could affect your employment and housing prospects and your reputation.

Talking to a criminal defense attorney could be the first step in figuring out whether or not you could remove this incident from your record and move on with your life.

The Right to Expunge Criminal Records

In Virginia, a person’s right to expunge criminal records is governed by Virginia Code 19.2-392.2(1). This statute goes into detail about situations in which an individual is eligible for an expungement, the legal components, and factors that a judge will use to evaluate the eligibility and the steps that an individual must follow in order to get a petition for an expungement.

What Expungement Means

Once a record has been officially expunged in Virginia, the convicted person can legally deny the existence of the record. Furthermore, they cannot be denied any license, permit or employment based on the expunged record.

Whether or not another individual can be granted access to this record has to do with if a law enforcement agency needs the record for the purposes of an employment application to work with that agency or a situation in which a pending criminal investigation that could jeopardize property or life without immediate access to the record.

Expungement Eligibility

A person holds the right to petition for an expungement if:

  • They were acquitted of a crime or the criminal charges were dismissed.
  • The prosecution entered a declaration of nolle prosequi.
  • Someone else committed a crime using the identification information or the person received a complete and total pardon.

Since not every person with a conviction is eligible to get a dismissal, it falls to the attorney working with the convicted person to figure out whether or not a dismissal is even an option. Talking with a lawyer could help this convicted person to file the necessary paperwork and make a case for why the criminal charge should be expunged at all.

Factors Courts Consider with Expungements

A court will determine whether or not allowing the criminal record to remain public presents what is known as a manifest in justice. Courts use numerous factors to determine their conclusion, such as whether or not the public nature of the record could harm the convicted person’s educational, credit or employment prospects.

Work with an Amelia County Expungement Attorney Today

Hiring the services of a knowledgeable Amelia County expungement lawyer could allow you to get some peace of mind and put this chapter into the past. Working directly with a criminal lawyer who is familiar with the expungement process can make things easier for you going forward.

Do not let a criminal past continue to follow you for many years. See if an expungement is an option.