Can You get a felony expunged in Virginia?
Experiencing a felony charge can be a life-altering event, and the mere presence of a felony on your record can have severe consequences on your personal and professional life. In such situations, the question naturally arises: Can you get a felony expunged in Virginia? The short answer is yes, but it’s not a simple process.
Eligibility for Felony Expungement in Virginia
To be eligible for felony expungement in Virginia, you must meet specific criteria outlined in Virginia Code § 19.2-392.2:
- The felony conviction is more than 5 years old.
- You have not been convicted of another felony or misdemeanor within 5 years of the application date.
- You have fulfilled all court-ordered sentencing, including probation and community service.
- You do not have any outstanding felony or misdemeanor charges.
Additionally, you must demonstrate rehabilitation and good conduct since your conviction. This can include factors such as:
• Good behavior: Displaying responsible behavior and respect for the law.
• Community involvement: Participation in community service or volunteer work.
• Employment and education: Stable employment and/or education.
What Felonies are Expungable in Virginia?
Not all felonies are eligible for expungement in Virginia. The statute specifically excludes the following categories of felonies:
• Class 1 and Class 2 felonies, except for those related to public welfare offenses (e.g., fraud, embezzlement).
• Felonies involving victims: Those that involve specific victims, such as abuse, assault, or terrorism.
• Felonies related to drugs and firearms: Those involving possession, distribution, or possession with intent to distribute illegal drugs or firearms.
For a comprehensive list of expungeable felonies in Virginia, refer to the below table:
| Felony Category | Expungeable? |
|---|---|
| Class 3-6 | Generally, yes |
| Misdemeanor-level violent crimes | Generally, no |
| Public welfare offenses | Generally, yes, except Class 1&2 |
| Felonies involving victims | No |
| Felonies related to drugs and firearms | No |
The Felony Expungement Process in Virginia
The expungement process in Virginia involves several steps:
Step 1: Meeting the Eligibility Criteria: Ensure you meet the aforementioned eligibility criteria, including fulfilling all court-ordered sentences and demonstrating rehabilitation.
Step 2: Reviewing Your Record: Retrieve a copy of your felony conviction record from the appropriate court or law enforcement agency.
Step 3: Completing the Application: Submit a petition to the court where you were convicted, accompanied by an application fee ($50 to $200, depending on the court).
Step 4: Providing Supportive Documents: Attach the following documents to your petition:
• Certification of Completion: Proof that you have fulfilled all sentencing requirements.
• Court Documents: Copies of all relevant court documents, such as your conviction, judgment, and sentence.
• Character References: Two to three letters from trustworthy individuals, such as law enforcement officers, judges, or employers, attesting to your good conduct.
• Employment or Education Documents: Proof of stable employment or education to demonstrate rehabilitation.
Step 5: Court Proceedings: Attend a hearing and present your case to a judge. The judge may ask questions or request additional information.
Step 6: Disposition of the Case: If approved, the judge will expunge your felony conviction and notify the appropriate agencies, such as the Virginia State Police and the FBI.
What Happens After a Felony Expungement in Virginia?
After expungement, your felony conviction will not appear on public records or databases, including:
- Criminal Background Checks: Employers, rental agencies, and other background checkers will not access your expunged records.
- Public Disclosures: Your expunged felony will not appear in public records or during court proceedings.
- Job and Education Opportunities: Expungement can positively impact your job and education prospects, as many agencies and institutions will not request or access expunged records.
Conclusion
Felonies can have lifelong consequences, but expungement can provide a path to redemption and a chance to rebuild your life. In Virginia, eligibility requirements and specific exclusions make it essential to carefully assess your situation before pursuing an expungement. This article has outlined the intricacies of the process and highlighted the importance of meeting eligibility criteria and providing supportive documents. If you are unsure about your eligibility or any aspect of the expungement process, consult a qualified attorney or legal representative for guidance.
