Legal Question in Criminal Law in Virginia

I am a 27 yr old wife and mother of 2 children. In 2008 in the state of Virginia I had 4 felony charges which 3 were suspened and 1 had to serve 30 days in jail, I was able to do weekends because I work full time and had no one to care for my kids. I have never been in trouble a day in my life until this situation. I paid restituation and I have one more court cost fine to pay and I will be finished, along with thatI am also on 5 yrs probation. My question is can I have my record expunged of this whole situation? How do I go about get my rights back to vote? Will I be able to get a passport?

Asked on 10/03/09, 8:21 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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No, you cannot have your record of felonies expunged since these offense are not expungable in the Commonwealth unless you can prove that you were wrongfully convicted and have received a pardon from the governor. See Va. Code Sec. 19.2-392.2

As for your restoration of rights, there's a waiting period, I believe, of around five years or so from the date of your last conviction, but you can check it all out on the Virginia Government website's link to the Secretary of the Commonwealth.

Answered on 10/08/09, 8:31 pm

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