I believe you are looking for expungement
in your case. It does not matter where you live now, what matters is where you were convicted of the felony.
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:
- full name and any previous names and aliases;
- Social Security number;
- date of birth;
- mailing and street address;
- phone numbers;
- dates, courts, sentences or other dispositions of all misdemeanor and felony convictions;
- a complete statement of details for each conviction; and
- an explanation of why the Governor should grant a pardon.
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.
I hope this information helps and good luck.
Please do not hesitate to contact me if you should need anything further.
DON'T FORGET TO CLICK THE ACCEPT button. Thank you. The statement above is not specific legal advice and is only an effort to help and guide you. Fees I receive for answering questions are paid for information, not for legal advice.