Legal Question in Criminal Law in Virginia
Today, I plead guilty to petit larceny in exchange for one out of two deals. The first deal was to have the petit larceny lowered to trespassing and 30 days of jail with 20 days suspended leaving 10 days, but only having to do 5. The second deal was to walk away free, but have petit larceny on my record. I chose to walk away free with petit larceny on my record.
I was wondering if there is ANYTHING I can do to have this removed, or at least only visible to law officials?
I'm 19 now, and was told that the petit larceny charge on my record will mess me up badly in my future because I want to work with computers.
2 Answers from Attorneys
Virginia only allows for expungement (removal) of charges that were dismissed or nolle prossed. Any charge for which a person plead or was found guilty remain on their record. Virginia does not remove charges after a certain period of time. Unfortunately there are not a lot of options in that respect. You could appeal the case within ten days from the conviction and try the case again in Circuit Court and try to get it dismissed or make a different plea deal, however if the Commonwealth's Attorney's office (the prosecutor) was involved in the case at General District Court level, it is unlikely that they will make a better offer.
Unless you are allowed by the general district court to withdraw your
plea of guilty and lodge your request for an appeal de novo in the circuit court,
I'd say that you're likely pretty much stuck with the record of the conviction which you apparently agreed to. (And, yes, a petty larceny conviction on your record is likely to have a considerably more detrimental effect on your future than a trespassing conviction----and one not merely limited to your job prospects).
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