According to Virginia law (§ 19.2-392.2.), expungement is available following conviction “[in the event of an] absolute pardon for the commission of a crime for which [you have] been unjustly convicted. ” What is an “Absolute Pardon?” Moreover, how is it achieved? Before those questions are answered, you should be familiar with the other circumstances that may enable you to obtain an expungement. First, if you are acquitted, the charges can be expunged. Second, if your charges are dismissed, you may be eligible. Third, if your name has been used without your consent, you may petition the court for expungement to clear the charges from association with your name. Call your local Virginia Beach or Norfolk Criminal Defense Attorney for an analysis of your case, charges, or allegations, and he will inform you of whether an expungement is something worth pursuing.
An “Absolute Pardon” may be granted if you pled “not guilty” to an offense, but evidence exists to demonstrate irrefutably that you are innocent. An absolute pardon will “erase” the entire record of the alleged crime. In such a situation, you want a professional and experienced criminal defense attorney, preferably one with extensive experience in the courts local to your jurisdiction.
An expungement of your criminal record is a civil action that can clear your name and offer a cleared reputation – both for your own peace of mind, and so that records do not reflect the charges you seek to expunge. Your Virginia Beach Criminal Defense Lawyer is ready for your call. In the event that the facts of your case or situation are such that you do not qualify for a full expungement or absolute pardon, a partial expungement might be an option. Thus, even if you have already “written off” your charges or conviction, if you believe you are innocent and can prove it, speaking with your local Virginia Beach or Norfolk Criminal Defense Lawyer is well worth your time, and there truly is nothing to lose by doing so.