How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J.Hazelbaker Your Own Question
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
15393114
Type Your Legal Question Here...
J.Hazelbaker is online now
A new question is answered every 9 seconds

I thought I had a case dismissed in 1974 and now it is showing

Resolved Question:

I thought I had a case dismissed in 1974 and now it is showing up when I applied for a CWP in another state - how do I go about fixing this ?
Submitted: 4 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

What do you mean when you state that it is "showing up". Is the charge showing up as unresolved or is it simply showing up as charged, but dismissed?

J.Hazelbaker :

Also, in which state was the charge received?

Customer:

I do not know - it shows I was convicted and i know i was not

J.Hazelbaker :

Which state?

Customer:

Va.

J.Hazelbaker :

O.K.

J.Hazelbaker :

Unfortunately, the only way to correct a record when there was a dismissal, but it is listed as a conviction on your criminal record is to file a petition in the court in which the charge was originally heard.

J.Hazelbaker :

The motion would request that the court's records be corrected.

J.Hazelbaker :

Ah, one second.

J.Hazelbaker :

I found another option.

J.Hazelbaker :

You can "challenge" a record in Va. as an error.

J.Hazelbaker :

Please see the bottom of the following page regarding the challenge process:

J.Hazelbaker :

http://www.vsp.state.va.us/CJIS_CCRE.shtm#Challenge%20Record

Customer:

I live in S.C. now and this happened in Va.

J.Hazelbaker :

Right. You have to do this in Va.

J.Hazelbaker :

You have to petition to modify or challenge a criminal record error in the state in which the charge/error was made.

J.Hazelbaker :

South Carolina has no jurisdiction or power to make the change.

Customer:

would i be abletodo this over the phone and by mail without going back to va.

J.Hazelbaker :

Unfortunately, it doesn't appear so. The challenge has to take place through a Va. sheriff's office and requires you to be there to be fingerprinted.

J.Hazelbaker :

The petition in court could be filed by mail, but would ultimately require you to be present at a hearing.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

J.Hazelbaker and 7 other Legal Specialists are ready to help you