Legal Question in Criminal Law in Virginia

First Time Offender Expungements

During the last semester of my senior year of college, I was with a friend and she was caught stealing $1100 worth of clothing. Because I was with her and holding one of her bags, we were both charged with Grand Larceny Felonies. Because I was described as a co-conspirator, my charged was lessened to a Misdemeanor (Petit Larceny). I have never been involved in this before, and I was convicted though I am innocent. I did not steal anything. My question is how will this charge on my recored affect my applying to law school and being admitted? Also, will I ever be able to get this expunged from my record? I have never been involved in any type of criminal things in my life and this was the first time that I have ever even been with someone that was stealing, and I have never stolen anything in my life. Please I need some help on what I can do to protect my future. I just graduated from college.


Asked on 7/26/05, 2:21 pm

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

Re: First Time Offender Expungements

Expungement of records of criminal convictions is not an option available in the Commonwealth unless you were wrongfully convicted and have been pardoned by the governor. See Va. Code Sec. 19.2-392.2

As to your application for law school, the effect of a criminal conviction will depend, in all probability, largely upon the school and on what questions it asks on its application.

Your best approach is to answer all questions truthfully with an explanation of any mitigating circumstances where appropriate.

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Answered on 7/26/05, 5:12 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: First Time Offender Expungements

Expungement in Virginia requires a finding of innocent. This is not available to you. If asked, the larceny has to be disclosed in all applications you make to law school. This will of course affect your potential for admission.

Good luck.

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Answered on 7/26/05, 6:33 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: First Time Offender Expungements

I would be surprised if you are ever able to become a lawyer with a "moral turpitude" conviction on your record. For that matter, I would be surprised if you can get a job as a clerk at Sears, Roebuck. You almost certainly will never be able to be bonded or get a security clearance. You had better ask the state bar authorities in the state where you plan to reside about your chances before applying to law school. I sure hope you didn't plead guilty. To anybody else in a similar situation who might be reading this, if faced with your first theft charge you need to retain a private lawyer and fight the charges like hell if you ever want to get a professional license, or even a job.

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Answered on 7/26/05, 9:33 pm


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