Legal Question in Criminal Law in Virginia
record expungment
can i have a conviction taken off of my record? it happened 11 years ago and i have had no other convictions. the conviction was for petty larceny.
1 Answer from Attorneys
Re: record expungment
Under Virginia Code S19.2-392.2, a person charged with a crime who is acquitted, or has had the
charge dismissed, or has been "granted an absolute pardon for the commission of a crime for
which he has been unjustly convicted", may
file a PETITION FOR EXPUNGEMENT of police and court records relating to the charge.
However, unless your conviction for petty larceny was under the mitigating circumstance described above, you would not be eligible to file this petition. Merely having a clean record except for
the one misdemeanor conviction is not enough to
qualify you for relief under this statute.
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