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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is now almost 34 years old and has been unemployed for

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My son is now almost 34 years old and has been unemployed for an extended amount of time. In order to make job seeking easier, some thought has been given to expunging his record which includes brandishing a firearm (over 12 years ago), DUI (approximately 2000) and possession of marijuana (last received about 5 years ago. He has turned his life around and is a very intelligent person but feels background checks are hindering him as his only good work experiences have been professional diving and artistic furniture work, both of which he no longer wants to pursue. Is there any way to eliminate the appearance of these charges on his record. H has resided in GA for the past 5 years or so but is back in Virginia. All of the charges were received in Virginia.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your son's situation. I am going to assume that the previous records you have mentioned all ended in convictions.

First of all, know that:
1) This would have to be pursued in Virginia; and
2) A conviction cannot be expunged. However, it may be pardoned.

It is possible to have the convictions PARDONED, but there is no guarantee. A party in his situation may wish to file for what is known as a pardon. Essentially, Virginia may pardon your conviction. See here on how to file.

There are several types of pardons. Simple pardons do not expunge the record, but do "forgive" the convictions, making it much easier for someone with a record to find a job, etc. An Absolutely pardon wipes the conviction from the record all-together, but these are rarely given.

Now, there is no right for a pardon - it is at the state's discretion. The good news is that while many are denied, if he has turned his life around, this is a better chance than most.

If you scroll past the introduction, it shall have contact information as to where to request more detailed information and an application, which he can do. An attorney is recommended, but not mandatory. Let me know if you need leads to pro bono / low cost attorneys in the state by using the REPLY button.

Good luck to him.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.

Some leads for pro bono/low cost lawyers would be good as he has no form of income @ this time & we are trying desperately to keep up payments on his car, car insur, phone, that sort of thing.


I understand. I can recommend three resources. First, here is a list of all pro bono work in the state...

…and another list:

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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