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I'm writing to ask if a person can have their criminal

Hello, I'm writing to...

Hello, I'm writing to ask if a person can have their criminal records expunged even when they plead guilty to a misdemeanor and it was their first offense?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Virginia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm writing on behalf of my brother who is having trouble getting a job because of the misdemeanor.

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Answered in 1 minute by:
9/12/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,064
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 9 months ago
ok

Sorry for the delay. I've reviewed your question and I'm happy to help!

What was the specific criminal charge for your brother's misdemeanor?

Since this was his first ever criminal offense, was he enrolled in any kind of a pre trial diversion program for first time offenders?

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I asked about the pre trial diversion program because many jurisdictions offer a program like this, and at its completion, the charges are dismissed.

However in any event, if this was your brother's first and only criminal charge, then yes he is able to have it expunged.

Virginia law allows for the expungement of a first offense criminal conviction.

In order to do so, he'll need to fill out the Petition for Expungement and submit it to the court where the case was originally heard.

The clerk will then give him instructions on the next steps to take, such as submitting official fingerprints, and awaiting approval.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,064
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 9 months ago
I got more details from my brother. He plead guilty to stalking and a violation of a protective order here in the state of Virginia, both were misdemeanors. Those convictions were in 2012 and 2013 and they are hurting my ability to find employment. I've complied with all court order treatments. Can those convictions be expunged in the state of Virginia?

The conviction that was his first offense, yes that can be expunged, following the process I explained above.

The other charge can only be expunged if he was found not guilty, or if the charges were dismissed.

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