Criminal Law Questions? Ask a Criminal Lawyer.
Just so you are aware, there is going to be a lot to this and this will be a process for you. However, given the circumstances, I believe that you should attempt to go forward, since a great deal of time has passed.
“The expungement statute applies to innocent persons, not those who are guilty.” Gregg v. Commonwealth, 227 Va. 504, 507 (1984). That being said, there is one restricted omission to this constraint on release from convictions: when the Governor grants an Absolute Pardon for your conviction. Virginia Code § 53.1-229. An absolute pardon will provide you legal foundation to request expungement in the court of record where you were convicted of the felony charge. You, the petitioner must have pleaded Not Guilty throughout the judicial process in order to be eligible for an absolute pardon.
You, the petitioner, are required to write a letter to the Governor, stating the exact reasons why your pardon shall be granted. (Under Article V, Section 12, of the Virginia Constitution and Section 53.1-229 through 53.1-231 of the Code of Virginia, all clemency authority is vested solely in the Governor. Clemency is not guaranteed and if a petition is denied, the petitioner has no right of appeal).
There are also 3 other types of pardons that are available in your State: simple, conditional, and absolute. All three types require the petitioner to write a letter to the governor stating why the pardon should be granted. If you have been convicted of a felony you must have your rights restored before the Governor will consider a petition for a pardon.
The letter of petition necessitates the following information:
The phone number for questions regarding all Pardons in the State of Virginia is(NNN) NNN-NNNN Patricia Tucker, Director of Extradition and Clemency.
The phone number for questions regarding Restoration of Rights is(NNN) NNN-NNNN Micah Womack, Restoration of Rights Director.
Here is a website with many answers to questions you may have regarding expungement under Virgina Law.
Please do not hesitate to contact me if you should need anything further.
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