Legal Question in Criminal Law in Virginia

Can a nolle prosequi be erased from my criminal record?

I am having a hard time being able to gain proper employment, I wrote a couple of NFS checks back in 2007 and charges where brought up before I paid them back, I didn�t know that the charges had been placed when I paid them, I found out when I was pulled over and arrested for it, I had my receipts when I was arrested fortunately in a different county and was allowed out under my own Reconnaissance, the police officer that filed the report, and check cashing store owners that cashed the checks both spoke with the prosecutor and she did a nolle prosequi on the case. Since I was laid off from my job and it has become extremely hard to be competitive in a already competitive job market with an arrest on my Criminal record, what is my best option? Both charges where considered Felonies under Virginia State law.


Asked on 4/03/09, 7:47 pm

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

Re: Can a nolle prosequi be erased from my criminal record?

Records of arrests or dismissals of criminal charges in the Commonwealth may be expunged under Va. Code Sections 19.2-392.2 et seq., but not normally records of felony convictions.

Read more
Answered on 4/03/09, 11:58 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Can a nolle prosequi be erased from my criminal record?

It is very hard to expunge criminal records in Virginia, unlike some other States.

However, it is possible to expunge arrest records.

What you describe would be a particularly appropriate case fro that, where the grounds for the arrest no longer existed at teh time of the arrest... the checks had already been made good.

Let us know what County you are talking about, and explore an attorney to help. You can possibly do it yourself, but it might be hard.

Read more
Answered on 4/04/09, 8:38 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia