Legal Question in Civil Litigation in Virginia
Correcting and Updating Criminal Background records
Back in June 2000, had a two misdemeanor cases against me, the hearing was in August 2000. One was for petty theft, and the other assault and battery, but due to the situation and me having no prior records. I had my time suspended,and was advised provided that I due 40hrs. of community service, my case would be dismissed. But a recent employer did a background check and found the disposition still shows ''guilty'', and haven't been updated since the court hearing in August 2000, and I completed my community service in October 2000. What should I do?
1 Answer from Attorneys
Re: Correcting and Updating Criminal Background records
From your description it would appear that you received the disposition for your criminal charges known in the Commonwealth
as a Suspended Imposition of Sentence(SIS) which
is normally available only to first time misdemeanor offenders and is analogous to what other jurisdictions term PBJ(Probation Before Judgment).
As a practical matter this means that you entered a plea of guilty before a judge of the
General District Court but since the sentence was not imposed, you would not have been formally convicted of the charges if you sucessfully completed all of the conditions of your probation. (Adjudication of guilt[whether by plea or verdict]+ sentence imposed = conviction). After one year from your entry of the plea, the case should have been formally closed or dismissed and the court record noted to reflect this action.
You should check with the clerk of the court responsible for your case(criminal division)to
ensure that the court file correctly reflects the disposition "Dismissed" rather than "Guilty"
and that whatever corrective actions that are required to emend faulty information in applicable databases are in fact carried out.