Expunge issue in VIA

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Aug 6th, 2022
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How to expunge issue in VIA

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hi ashley lambert here attorney at law coming to you with another um video legal talk um today iamp;#39;m going to kind of stray away from the normal theme of family law because i do practice other areas as well i am i want to touch base on an issue or question that i have um come across people have presented to me over the last couple months about stealing a record versus getting a record expunged these are two different uh modes or ways to protect your criminal record because if you have one because as youamp;#39;ve heard if you havenamp;#39;t had personal experience of it but having a criminal record can affect you um tremendously when it comes to employment so what is the difference is there a difference in your jurisdiction and in this case when i mentioned jurisdiction iamp;#39;m referring to the state in which you live some jurisdictions do not um view the two differently they use the terms interchangeably um theyamp;#39;re synonymous to one another so in some juris

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Clean Slate Virginia uses new Virginia sealing laws and existing expungement laws to clear criminal records throughout the entire state of Virginia. When criminal convictions are sealed, they cannot be seen by the public or employers.
(1) ELIGIBILITY. A person is eligible to petition a court to expunge a criminal history record if: (a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.
New Virginia Expungement Law Takes Effect in 2025. The Virginia General Assembly passed a new expungement law in 2021. The law, which takes effect in 2025, makes expungement automatic in some cases and expands expungement eligibility to some criminal convictions.
To expunge is to erase or remove completely. In law, expungement is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.
In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. Expungement - Wikipedia wikipedia.org wiki Expungement wikipedia.org wiki Expungement
In California, when your record is expunged, the court clerk informs the FBI and the DOJ to update their records to show that your case has been dismissed. Note that private companies that do background checks, are not notified of the dismissal.
A person who has any pending criminal charges is not eligible for expungement. Minor traffic offenses cannot be expunged (except if released without charges). The following court supervision records also cant be expunged: reckless driving (age 25 or older), DUIs, and sexual offenses against a minor.
In order to be eligible for expungement, you must have satisfied your sentence including any supervision. Certain misdemeanor convictions may be filed after five (5) years. Certain felony convictions, assault in the second degree and common law battery convictions may be filed after seven (7) years.
The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter.

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