Legal Question in Criminal Law in Virginia

Re: Expungements

More important than any forms which might be available for the process of expungement is to understand the circumstances in which this remedy may be used.

Unfortunately, these circumstances in the Commonwealth, are, as a practical matter, few and far between when it comes to expunging actual criminal convictions. In order to have a crimnal record of conviction expunged in Virginia, the convicted person must basically be able to prove that he or she was wrongully convicted of the crime and is, therefore, eligible for and has received a pardon from the Governor.

If the person charged with the commission of a crime later is acquitted or has the matter dismissed by the court or prosecutor before trial,

the police and court records relating to the matter may also be expunged by following the procedures outlined in S19.2-392.2 of the Virginia Code of Criminal Procedure. One does not need a lawyer to do this.

The remedy of expungement is also available to the person whose name and identification have been taken by another person without the former's consent or authorization and who later is charged or arrested while using such name or identification.