Legal Question in Civil Litigation in Virginia
Ongoing Virginia/Florida Civil Issue
11-12 years ago I was charged with a felony hit & run. It was reduced to a Class 4 Misdemeanor-a charge which did not exist on Va lawbooks at that time. A fine was paid.Since then I have been told there is a felony charge on my record with no final disposition - so I am perceived as a felon who served no sentence or fled.1 1/2-2 years ago a motion was filed with the Juvenile & Domestic Relations Court to correct the final disposition of this case so that potential employers would see the final disposition of this case - and not assume that I am a felon. To my knowledge this motion was never complied with.
Questions:
1 What can I do to find out if this motion will ever be complied with?
2 How long does a motion like this typically take to comply with?
3 How much would it cost me to sue the clerk's office if they won't comply with the motion to amend the record?
4 If I request a petition for expungement, will it effectively erase this from all background checks?
5 Are there any non-profit organizations in the Palm Beach County, FL area that will assist someone such as myself who does not earn a great deal and has very little legal experience in resolving this matter?
2 Answers from Attorneys
Re: Ongoing Virginia/Florida Civil Issue
Either you or a Virginia attorney should go directly to the court to find out just what is going on.
Re: Ongoing Virginia/Florida Civil Issue
Your question on the BBS is confusing with your claim that the felony hit and run charge "was reduced to a Class 4 misdemeanor, a charge which did not exist on Va. law books at that time."
How could the original felony charge be reduced to one that did not exist at the time of the reduction? Or was it some time later after the original sentence was imposed that the original
felony charge to which you pled guilty was then reduced to a Class 4 misdemeanor---which by that time had made it into the VA. criminal code?
Nevertheless, whatever the case may be, a good first move for you to start in resolving this matter would be a phone call to the juvenile and domestic relations court having responsibility for the case(and, presumably, where the motion was filed which you've alluded to) with a follow up in writing, if necssary, to the chief judge of this particular court, if the clerk is either unwilling or unable for whatever reason to resolve the matter to your satisfaction.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
