Legal Question in Criminal Law in Virginia
expungment-fines
I was convicted in 1985 of poss. with intent.''marijuana''I pled not guilty because I was NOT GUILTY.Was set up by C.I.,three time loser looking at long jail time,me, not even a traffic ticket. Judge suspended imposition of sentence told me to pay $64.70 court cost be of good behavior come back in two years and we will have this expunged,have a nice day.Went directly to clerks office where I was told there was no fine due.This conviction had little effect on my daily life.Not up for voting in a failed system,not a hunter ie: gun rights.2007 father died. His one wish was for me to have this matter resolved so he could pass his fire arms down to me.Went to circuit court clercks office last week to get info on expungment ,was given the run around and told they would call me in few days.Clerk calls tells me she doesn't believe judge told me I could have felony conv. expunged and there is a judgment/lien against me for 64.70 and 23 yrs. of accrued int..Total now188.43.Pay in ten days or lose dr.lic. Was never notified about lien issued in 1986 by clercks own office,she didn't come on till 92.''not responsable''. Payed the fine. Know what I was told and want this expunged and any recourse I can take agaianst county clerks office. JUSTICE?
1 Answer from Attorneys
Re: expungment-fines
Felony convictions are not now expungable in the Commonwealth(unless the would be expunger can prove that he was wrongfully convicted of the crime and has received a pardon from the governor).
That was also true some 23 years ago and remained so throughout the intervening years to the present time. (See Va. Code Sec. 19.2-392.2 et seq.)
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