Legal Question in Criminal Law in Virginia

Expungement

Can the revocation of a deferred sentence and the subsequent resentencing and imprisonment be expunged if the State Supreme Court ruled that said revocation and sentence was unlawful and void ab initio? State Supreme Court ordred immediate release upon the ruling that I was illegally incarcerated. Also a guilty plea and sentence for an escape that took place during the illegal incarceration was withdrawn; the court granted post conviction relief ruling that the charge of escape was invalid and hence could not accept guilty plea, since the defendant was being held in custody unlawfully during the alleged escape. Can that escape charge also be expunged?


Asked on 6/06/03, 5:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Expungement

The requirements for the expungement of criminal records are found in the Va. Code of Criminal Procedure at S19.2-392.1 Individuals who have been wrongfully convicted and are eligible for a pardon from the Governor may make application to have their record expunged. Whether or not your particular situation would qualify for this procedure is unclear as, apparently, originally, you either pled guilty or were convicted after trial of some crime for which you, apparently, then received an SIS(Suspended Imposition of Sentence).

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Answered on 6/07/03, 12:41 am


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