Colonial Heights Expungement Process

Expungement is a process where an individual’s record is sealed or erased from the public. People often want to have their record sealed in order to increase their quality of life. From being barred from housing, to education, to job opportunities; having a criminal record can severely impact the ability for an individual to re-enter society.

If you are looking to have your record hidden from the public, contact a Colonial Heights criminal attorney. A distinguished lawyer could help you navigate the Colonial Heights expungement process.

The Expungement Process

An individual can go to their jurisdiction to fill out paperwork requesting for their record to be sealed. This paperwork is then sent to the commonwealth attorney’s office to be reviewed.

Generally, it takes about 30 days just to get the paperwork processed in Colonial Heights. If the attorney’s office determines the individual filing is eligible, it will sign an order saying they agree with the motion to have the record sealed. A judge will usually accept the motion and sign the order for expungement.

What Factors Determine Eligibility?

Eligibility depends on the nature of the charge, criminal history, how much time has passed since the charge, and if the record is severely impeding the individual from upward mobility. Due to these reasons, the Colonial Heights expungement process is not always straightforward.

What Happens if the Commonwealth Does Not Agree?

If the Commonwealth’s Attorney does not agree that the record should be erased, they will file an objection and a judge will schedule a hearing.

At the hearing, the requesting party will appear with their lawyer, if they have one, and argue against the commonwealth attorney to convince the judge to seal their record. The judge will either sign the order or reject it. If it is rejected, the requesting party may try repeat the Colonial Heights expungement process at a later date.

Can Every Record Be Sealed?

Not every record can be sealed. Even low-level charges are not necessarily expungable. In addition, unlike other states, Virginia convictions cannot be removed from an individuals record.

Contact a Colonial Heights Criminal Attorney

If you are thinking of going through the Colonial Heights expungement process, contact an experienced criminal lawyer. A distinguished expungement attorney could examine your charge, determine if you are eligible for expungement, help you file you file your papers, and defend your case against the commonwealth’s attorney.

In addition, it is important to seek out a lawyer who works in your jurisdiction. If you do not, you may find yourself at an extreme disadvantage. Local attorneys understand how to operate in the Colonial Heights court system, and they have existing relationships authorities that could give them an advantage.

Having a record can be life altering. It can make you feel like your options at achieving your life goals of attending a school, getting your dream job, or living in your dream house are impossible. If there is any chance that a record is something that you do not have to live with, you should take it.

Colonial Heights Expungement Lawyer