Legal Question in Criminal Law in Virginia
Expungement
How do I go about having a dismissed class I misdemeanor offense expunged from my record?
1 Answer from Attorneys
Re: Expungement
If you're talking about a suspended imposition
of sentence(SIS) which you received for a misdemeanor, your record has been closed if you sucessfully fullfilled the conditions of your probation. The process of expungement does not apply to these cases.
S19.2-392.1 thru 19.2-392.4 of the Virginia Code of Criminal Procedure deal with the issue of
expungement of police and court records. Basically, you have to either have been acquitted or had the charge dismissed by the prosecutor before trial(nolle prosequi), or have been wrongfully convicted of the offense and be eligible for a pardon from the governor in order to qualify for this remedy.
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