My name is XXXXX XXXXX I am a criminal
Unfortunately, the statute of limitations to bring suit for a wrongful arrest is two years from the incident. So you are too late to sue the county.
As for an expungement
, Virginia, is not very generous with their expungement policy, however they will expunge dismissals as well as first misdemeanor
convictions. You can read the expungement law of your state here.
You will need to prepare a writ, which is a substantive and complicated process. Though technically you would not need a lawyer for an expungement. If you got an outright dismissal, you can use this form
to file it.
If for some reason you cannot get the matter expunged, you can hire a lawyer to petition the court
to get the case back on the calendar and try to get your charge dismissed in the interest of justice
. The judge has the power under Equity to do something like that even when the law doesn't provide for it, if it is necessary to prevent an injustice from occurring.
Courts are sparing in their use of the equity power and many will not use it at all, but it is something you could explore with a local criminal lawyer who would be able to tell you how viable this would be with your particular judge.
Alternatively you could apply to the governor of Virginia for a pardon.