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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117359
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name is ***** *****. I was wondering how I could get a

Customer Question

Customer: Hi. My name is ***** *****. I was wondering how I could get a misdemeanor assault charge from 2001 off my record
JA: Thanks. Can you give me any more details about your issue?
Customer: yes ma'am. It was an assault charge against my ex husband's mistress back in 8/2001
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Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What state? Were you convicted of the charge or just arrested for it?
Customer: replied 1 year ago.
It was Virginia and I was convicted
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
VA law states that they cannot grant an expungement to anyone who has been convicted or pleaded guilty of a criminal offense, misdemeanor or felony. This means that in order for you to get the record removed, you have to file a petition for an absolute pardon through the governor's board of pardon and parole, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/.
Once you obtain a pardon, then you can file a motion for expungement. The expungement does not completely remove the conviction record, it will remain available to government agencies it just is not available to the public and the record would indicate you received a pardon (if you do receive the pardon).