Legal Question in Criminal Law in Virginia

Arrest in 1989

I was arrested in 1989 for grand larcency (shop lifting). Pleaded nolle contende. No representative from the store showed up in court.

I did not have any record before that or after that. Can that record be expunge? If I can not get it taken off, how do I explain it when I fill out a job application.

I want to apply for a government job with a possible security clearance.

Thank you.


Asked on 2/25/05, 10:03 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Arrest in 1989

In Virginia you cannot have a charge expunged unless you were found not guilty. You did not challange your charge and were subsequntly convicted. The record cannot be expunged.

It seems unlikely with a felony record you will get security clearance and the way you explain it is entirely up to you. I'm not sure there is an acceptable explanation that will satisfy the people who need an employee with security clearance.

Good luck

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Answered on 2/26/05, 7:48 am


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