Legal Question in Criminal Law in Virginia

Petty Theft In VA Expungement?

I have a two fold question. I was convicted of petty theft in the commonwealth in 2006. First, can I get the conviction expunged and two, will this conviction show up in every state when I apply for a job and they do a background check or just in Virginia? Thanks!


Asked on 1/11/07, 12:41 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Petty Theft In VA Expungement?

There is no remedy of expungement of criminal convictions in the Commonwealth of Virginia except under very narrow circumstances(where the defendant can prove that she or he was wrongfully convicted and has received a pardon from the governor. (See Va. Code 19.2-392.1 et seq.)

After a few years, given the ever expanding databases for this kind of information, chances are that the conviction will eventually show in virtually every U.S. jurisdiction.

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Answered on 1/11/07, 8:49 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Petty Theft In VA Expungement?

The prior answer given to this question needs to be amended: Section 19.2-392.2(F) of the Virginia Code of Criminal Procedure does apparently now provide for the expungement of the records of conviction of misdemeanor offenses for first time offenders absent good cause being shown by the Commonwealth (prosecutor) that such expungement should not occur.

A petition needs to be filed in the local circuit court in the jurisdiction where the petitioner's conviction took place.

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Answered on 1/13/07, 8:57 am


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