How to Expunge a Misdemeanor in VA
In the state of Virginia, individuals who have been convicted of a misdemeanor have the option to have their criminal record expunged, or sealed, in order to have a fresh start and move forward with their lives. However, the process of expungement in Virginia can be complex and requires careful attention to detail. In this article, we will provide a step-by-step guide on how to expunge a misdemeanor in VA.
What is Expungement in Virginia?
In Virginia, expungement is the process of having a criminal record sealed, effectively removing it from public access. This means that a person’s criminal history will no longer be accessible to the general public, potential employers, or education institutions. Only authorized entities, such as law enforcement agencies, will still have access to the information.
Eligibility for Expungement
Not all misdemeanors in Virginia are eligible for expungement. The specific criteria for eligibility include:
• The misdemeanor conviction must have been more than 5 years prior to the date of application.
• The conviction must have been for a non-violent crime, such as disorderly conduct, trespassing, or public intoxication.
• The individual must have completed all terms of the sentence, including probation or fines.
• The individual must not have been convicted of any subsequent misdemeanors or felonies.
The Expungement Process
The process of expunging a misdemeanor in Virginia involves the following steps:
- Gather required documents:
- Order of Conviction: The original court order indicating the conviction.
- Certified Copy of Court Record: A certified copy of the court record.
- Pay Fine and Fees: Any outstanding fines or fees associated with the conviction.
- Fill out the application: Complete the Virginia DCJS-35 form (Application for Expungement of Misdemeanor Conviction) and include the required documents.
- File the application: File the completed application with the Court of the Original Conviction, where the original court had jurisdiction over the case.
- Serve notice: Serve notice on the Commonwealth’s Attorney, the Prosecuting Attorney, and any interested parties, such as a victim.
- Wait for the hearing: Attend a hearing in court, where the court will review the application and determine whether the individual is eligible for expungement.
- Pay the court fees: Pay any court fees associated with the expungement process.
Tips and Considerations
Here are some important tips and considerations to keep in mind:
- Make sure you are eligible: Review the eligibility criteria carefully to ensure that you meet the requirements for expungement.
- Gather all necessary documents: Make sure to have all required documents readily available, including certified copies of court records.
- Fill out the application carefully: Complete the application accurately and thoroughly, making sure to include all necessary information.
- Seek legal counsel: Consider hiring an attorney to guide you through the process and ensure that you are taking all necessary steps.
- Be prepared for a denial: The court may deny your application for expungement if you do not meet the eligibility criteria. In this case, you may be able to reapply after a specified period of time.
Alternative Options
If your misdemeanor conviction is not eligible for expungement, or if you are unable to expunge the record, there are alternative options available:
- Petition for Sealing of Adult Record: If you have been convicted of a felony, you may be eligible to petition the court for sealing of your adult record.
- Dismissal of Charges: In some cases, it may be possible to have your charges dismissed, effectively expunging the record.
Conclusion
Expunging a misdemeanor conviction in Virginia can be a complex and time-consuming process. However, by understanding the eligibility criteria and the step-by-step process, you can increase your chances of success. Remember to seek legal counsel if needed and to be prepared for potential denials. By pursuing expungement, individuals in Virginia can take an important step towards having a fresh start and leaving their past behind.
Additional Resources
- Virginia Code Section 19.2-392.4: The Virginia code section that outlines the procedures for expungement of misdemeanor convictions.
- DCJS-35 form: The official application for expungement of misdemeanor convictions in Virginia.
- Virginia State Police Expungement Guide: A helpful guide provided by the Virginia State Police that outlines the expungement process in detail.
Frequently Asked Questions
Q: How long does it take to expunge a misdemeanor in VA?
A: The process can take anywhere from a few months to a year or more, depending on the complexity of the case and the speed at which the court process moves.
Q: Will I have to disclose the expunged conviction if I apply for a job or education?
A: No, once your conviction is expunged, you are not required to disclose it to potential employers or education institutions. Only authorized entities, such as law enforcement agencies, will still have access to the information.
Q: Can I expunge a conviction if I have an active warrant?
A: No, you must first resolve the active warrant and comply with the terms of your sentence before applying for expungement.
