Legal Question in Criminal Law in Virginia

Re: Petty Theft Expungement

As I indicated in my previous response to this question, a petition needs to be filed with the circuit court where the conviction for the misdemeanor was entered. I am also unaware that the petitioner must await for any particular time to elapse before filing such a petition.

Since this appears to be fairly new law, I would suggest that if at all possible, you retain an attorney to handle this particular matter in your behalf. If you cannot afford to hire an attorney, I would suggest that at the very least you arrange for a consultation with a criminal defense counsel who can review this amended statute governing expungement in the Commonwealth and the facts of your particular case in order to determine

whether there might be a "just cause" basis for the Commonwealth to oppose it, or whether its approval by the circuit court would likely be unproblematical and unopposed.