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How do I get a felony record exbunged from my son's record…

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How do I get a felony record exbunged from my son's record in Virginia. He did not do any time for this charge,.

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

Virginia. His friend gave him some car parts and told him to hide them for him that he did not want his Dad to know he had them. This friend told him to get rid of the boxes they came in and store them in our garage. Come to find out the so called "friend" had stolen them and my son was implacated in the case as receiving stolen goods. He was told that if he did not get in anymore trouble it would disappear in 10 years. This happened on 05/05/2001. It is still on his record and posing a problem with work. He is a truck driver.

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

No! Just found out it was still on his record.

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

The parts were stolen the his friend of a boy whose mother worked for children services - courts. So instead of giving these kids a break. The used them as an example and charged them with a felony. Chesterfield Circuit Courts in Chesterfield, County, VA. Offense Case number *****

Submitted: 7 months ago.Category: Criminal Law
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Answered in 21 minutes by:
11/30/2017
Criminal Lawyer: Barrister, Criminal Defense Law replied 7 months ago
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 42,558
Experience: 17 years practicing criminal defense.
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Please don't shoot the messenger, but Virginia Code Section 19.2-392.2 is the governing statute, and sets forth only three situations where a person can be eligible. The first is if you are found not guilty of a charge by the court. The second is if the commonwealth attorney takes a nolle prosequi or the charge is otherwise dismissed against the defendant. Third, an expungement may be ordered if the defendant is granted an absolute pardon for a crime of which he was unjustly convicted. The key to remember with all three scenarios is that an expungement will only be available to a defendant who has not pled guilty or been found guilty.

.
So unfortunately, when he was convicted of the charge, it made him ineligible under VA law for expungement.

.

I don't agree with the state's position here because there should be exceptions to the rule, but they paint everyone with the same broad brush and his only option would be to file a petition with the Governor for a pardon, although they are rarely granted unless you have political connections..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Criminal Lawyer: Barrister, Criminal Defense Law replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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