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  • It's no secret that a criminal record can make everyday life considerably more difficult. From applying for employment to finding housing, a criminal record can stop you from having the quality of life you deserve.

    Understanding the steps for expungement can help you get rid of the albatross around your neck and move forward to bigger and better things.

    What Is Expungement?

    If the court expunges your criminal record, it will no longer be visible to the general public when looking at criminal directories. Potential employers will also be unable to see your record, removing a major barrier for individuals with a criminal record. Generally, you can also tell people you have never been arrested or committed a crime if your record gets expunged.

    How Does Expungement Work in Virginia?

    In Virginia, your record may be eligible for expungement if:

    • you were charged with a crime but acquitted at trial;
    • the court dismissed the charges against you;
    • another individual used your name or identification to commit a crime without your consent.
       

    Unfortunately, Virginia is incredibly strict regarding expunging records for individuals who were convicted by a court. If a Virginia court convicted you of a crime, your record can only be expunged if:

    • You were convicted of a crime you didn't commit and are pardoned as a result.

    It is also worth noting that if you were convicted of a felony, but the court decided to reverse or dismiss the case, you can request that any acquired DNA evidence be purged from the state DNA database using a DNA expungement.

    To file for expungement in Virginia, you should fill out a Petition for Expungement and file it with the circuit court that handled your criminal case. An expungement lawyer can help you understand whether you're eligible for expungement, how to fill out the form accurately and work with you to file it with the correct court.

    At the Law Offices of Daniel J. Miller, we work with Virginia residents to expunge their records.

    To learn more, contact us online or via phone at (757) 267-4949">(757) 267-4949.

    How Can I Expunge a Crime from My Record?
  • A criminal record can have a detrimental impact on your future. Sadly, many people are burdened by the mistakes of their youth and are forced to live with the consequences well into adulthood. A criminal record can impact a person’s ability to get a job, pursue an education, request a loan, and even purchase property.

    But should the quality of someone’s life be tarnished by youthful missteps like underage alcohol possession?

    New Expungement Opportunities

    Fortunately, Lynchburg delegate Mark Peake has filed Senate Bill 1037 in preparation of the 2019 legislative session.

    If Senate Bill 1037 is ratified, Virginia residents will be able to pursue expungements for:

    • Underage alcohol possession
    • Using a false ID to obtain alcohol

    When you file a petition for expungement, you’re essentially asking the court to “erase” specific arrests, charges, or convictions that define your criminal record. Legally, it’s as if the offense was never committed. Your prior criminal history won’t even show up on any background checks unless you’re applying for certain caregiving roles or a government position. This can be a complicated legal procedure, so it’s important to retain the services of an aggressive and experienced attorney.

    Interested parties will only be able to file petitions under the following conditions:

    • The offense occurred prior to the petitioner’s 21st birthday
    • The petitioner is at least 21 years old
    • The petitioner has no other alcohol-related convictions
    • All court costs, fines, and restitution have been paid

    Learn More by Scheduling a Consultation

    At The Law Offices of Daniel J. Miller, we don’t believe that the circumstances of your past should define the course of your future. If you’re interested in petitioning for an expungement, contact our attorney to schedule a free consultation. We can review your case and determine if you qualify to have your record expunged.

    We also provide legal services for youths facing charges relating to underage possession of alcohol. If your child requires legal representation, we can investigate their case and develop a results-driven strategy that is tailored to their unique circumstances. Our legal team can work relentlessly to protect your child’s freedom and future. 

    We have offices located in Virginia Beach, Chesapeake, Norfolk, and more! Contact The Law Offices of Daniel J. Miller at (757) 267-4949 to schedule a free consultation.

    Understanding the Benefits of Senate Bill 1037