Legal Question in Criminal Law in Virginia
I am 17 years old I got 2 court summons for underage possession of alcohol and open container. The court date is 16 days after my 18th birthday. Will this still be expunged off my record if the charges aren't dropped?
2 Answers from Attorneys
No, why would it be? (The record of your conviction(s) as a juvenile may be sealed but that doesn't necessarily mean expungement.)
From my website:
The expungement process for juvenile records is governed by Virginia Code � 16.1-306: "[T]he clerk of the juvenile and domestic relations district court shall, on January 2 of each year or on a date designated by the court, destroy its files, papers and records, including electronic records, connected with any proceeding concerning a juvenile in such court, if such juvenile has attained the age of 19 years and five years have elapsed since the date of the last hearing in any case of the juvenile which is subject to this section."
So the answer is yes. Since you were a juvenile at the time of the charge, the records will be expunged on Jan 2 after 5 years have passed since your last court date.
For more info on the consequences of juvenile convictions in Virginia, see here: http://www.spranolaw.com/Criminal-Defense/Juvenile-Felonies.shtml
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