In order to obtain an expungement for the 1978 conviction, you will need to work through the Virginia judicial system.
Below is a link to an explanation of how to obtain an expungement in Virginia:
Under California law, your misdemeanor conviction can be expunged, as long as you successfully completed the terms of your probation. If you were not placed on probation, your conviction can be expunged one year after the date you plead guilty or no contest.
The expungement process begins with the filing of a petition with the court of conviction. The matter is then typically sent to the probation department for review. Probation then submits a report to the court and the matter is set for a hearing. Once the expungement is granted, the conviction is set-aside, a plea of not-guilty entered and the case dismissed. The court then sends a copy of the order to the Department of Justice to update the individual's records.
Below is a copy of the form that you need to fill out to begin the process in California:
Once all of your convictions have been dismissed in California:
- On questions by Private Employers if you are asked if you have every been convicted of a crime, you must respond with "YES-CONVICTION DISMISSED."
- On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
- You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
- Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
- Your prior conviction(s) can still affect your driving privileges.
- If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender.
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Legal Disclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.