Legal Question in Criminal Law in Virginia

Re: Understanding of expungement law needed

Five years after the guilty plea; the payment of any fine and the completion of any period of probation a defendant is eligible to apply for the expungment of the record of a disorderly persons offense. Expungement means that the authorities are to deny to persons who are not law enforcement that you were ever charged with

the offense in question.

It also means that you are authorized to state that you have no criminal record, including arrests, so long as you have no other criminal history.

Gary Moore, Esquire

Hackensack, New Jersey

800273 7933

www.garymooreattorneyatlaw.com

Re: Understanding of expungement law needed

Unlike New Jersey, someone convicted of a crime in the Commonwealth is not eligible to have the record of such conviction expunged unless the person was wrongfully convicted and can prove it

and consequently has received a pardon from the Governor. Va. Code Sec. 19.2-392.2 (Note there is an exception made for someone charged with petty

larceny who resolves the matter through the civil remedy of Accord and Satisfaction.)