Legal Question in Criminal Law in Virginia

Hello! I live in Virginia and I have 2 misdemeanors on my record. One is from 2001 when my son's father (not married) and I got into an argument that turned a little physical, and we were both charged with assult and battery, mine was reduced to: 18.2-416 Breach of Peace, I paid court costs, and that was that. Then in 2004, my ex-husband (we were married at the time) got into some trouble, and the cops charged with me conspiring with a convicted felon to possess a firearm. It was then reduced to: 18.2-460 A Obstruction of Justice, I paid fines, had 12 months probation and that was that. I have since gotten my degree and when I changed jobs last year, this came up on my criminal background check. I am now 30 years old, one was when I was 21, the other 24. Is there anyway to petition the courts, or anyone, to get this off of my record, so that it is clean, and will not show up if I change jobs again? I am a law-abiding citizen and feel that this record is in my distant past. Any help I can get would be great. Thanks so much!!!

Angela Drake

New Castle, VA


Asked on 9/28/10, 12:40 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Unless you can prove that you were wrongfully convicted of these misdemeanor offenses, they cannot be expunged from your criminal history record. (See Va. Code Sec. 19.2-392.2 et seq.)

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Answered on 10/03/10, 1:21 pm
sheryl shane sheryl shane, attorney at law

I agree with prior attorney's response. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.

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Answered on 10/03/10, 2:48 pm


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