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For a class 3 misdemeanor in Virginia, there is a fine but

no jail time. After the...
For a class 3 misdemeanor in Virginia, there is a fine but no jail time. After the fine is paid, does the misdemeanor stay on your record for life or is there any way to have it removed?
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Answered in 3 minutes by:
11/2/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,081
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, for a class 3 or class 4 misdemeanor in VA, even though there is only a fine and no jail time, it still counts on your criminal record as a misdemeanor conviction and has to be disclosed to employers and whoever asks. The conviction stays on your record and is not removed.

The only way to do anything would be to seek to get your attorney to ask the court to vacate the conviction and dismiss the charge and expunge the record.



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Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,081
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Customer reply replied 4 years ago
So the choice is to fight it in front of a judge or avoid that by paying the fine but getting it on your record.
Thank you for your response.

The choice is 1) try to make a deal with the Commonwealth Attorney who can agree to dismiss the case as a deferred adjudication where you pay the fine and if you have no further violations in 60 days they can dismiss the charges completely, or 2) go to trial with the judge to try to get it dismissed or found not guilty or 3) pay the fine and have it on your permanent record.
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