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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27741
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was wrongfully arrested in 2005 and am curious what the statue

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I was wrongfully arrested in 2005 and am curious what the statue of limitations is if I wanted to file suit for this and how do I get the arrest record cleared?

My name is XXXXX XXXXX I am a criminal lawyer.

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.
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