How do I get criminal charges erased from my record?
Expungement is the legal process to remove a criminal charge from your record. The experienced attorneys at The Gordon Law Firm, PC can help answer all your questions about obtaining an expungement in Virginia. Currently we assist people in Virginia clean up their criminal records in all the counties in Northern Virginia, including Fairfax County, Prince William County, Arlington County, the City of Alexandria and Loudoun County.
What is the process to get an expungement and clear my arrest record in Virginia?
You will most likely qualify for an expungement in Virginia if you meet one of these qualifications:
- You were found "not guilty" of an offense; or
- The charge was dismissed because the prosecutor dropped the charges (“nolle prosequi”);
- You case was dismissed with the assistance of the other party under a procedure called “Accord and Satisfaction” you may petition for expungement of those charges.
There are limited circumstances under which some other types of dismissed charges may be expunged. For example, if your name or other identification was used without your consent or authorization by another person who has been charged or arrested using your name or identification, you may be eligible for an expungement of your records. (Va. Code §19.2-92.2).
Please make sure to consult the attorneys at The Gordon Law Firm, PC to determine whether or not you are eligible for an expungement. Unfortunately, charges for which you were convicted, or for which you received a first-offender disposition, such as a disposition under Va. Code §§ 18.-57.3 and 18.2-251, are not eligible for expungement.
If I can expunge a charge from my record, how long will the process take?
The entire process can take several months. Once The Gordon Law Firm is retained to help expunge your record, we will prepare the Petition for Expungement and file it with the Circuit Court. You will then have the local police take your fingerprints. The fingerprints are sent to the Virginia State Police so they can complete a review of your record. The State Police will usually take about four weeks to conduct this record check.
Upon receipt of a report from the State Police indicating that you qualify for an expungement, we docket a hearing before a Circuit Court Judge. The Judge will listen to our arguments in favor of the petition for expungement. Upon the conclusion of the hearing the court will decide whether to grant the order expunging your records. When the judge signs the final Order expunging your charge, the Court will immediately seal all court and police records, including the record of the expungement petition itself. The Court will also direct the Virginia State Police to seal the records, which will remove it from your criminal history.
If you believe you are eligible for an expungement, or even if you aren’t sure, feel free to give us a call at 703-218-8416 or email us at thegordonlawfirm@gmail.com and we would be happy to discuss your options with you. Alex Gordon and Carlos Wall look forward to working with you.