Can My Misdemeanor Be Expunged?

Posted By David L. Carlson, Attorney At Law || 13-Jan-2016

Criminal records can be a real drag. They can affect housing, your ability to possess a firearm, and your livelihood. What if you were arrested years ago for a misdemeanor and it was dismissed, are you eligible for an expungement?

Let’s say that back in 2001, you pled guilty to a misdemeanor offense in Richmond, Virginia. The charge was dismissed on one condition: that you completed 80 hours of community service. It seemed like a fair deal, so you pled guilty and you took the community service with a smile.

Now, years later you have learned that your criminal record has caused you trouble. Every time you apply for a new job, you feel you have to discuss it; same goes for renting an apartment or house.

You’ve done your research on the Internet. Most of what you’ve read says that if you plead guilty to an offense, then you will not be eligible for an expungement. Still though, this was your only run-in with the law, and it was dismissed. Is there any hope of getting it expunged?

Is there any hope of an expungement?

Based on the information above, the best answer we can give is that “it depends.” Usually these scenarios are referred to as “deferred dispositions,” which is what happened in the above example and they are NOT eligible for an expungement.

Without looking at the facts of a particular case, we cannot say for sure whether the defendant had an unofficial arrangement. For a more definitive answer, we suggest contacting our office to speak with a Richmond criminal defense attorney. There is still a chance that your criminal record can be cleaned up.

Generally, the Virginia courts only expunge in the following cases: actual innocence, acquittals, or nolle prosequi. While some states are more liberal with their expungements, that is not the case in Virginia unfortunately.

Regardless of your criminal history, contact us to see if anything can be done. Schedule your free consultation today!

Categories: Expungements, Misdemeanors
Richmond Criminal Defense Lawyer

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Richmond Criminal Defense Lawyer
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Glen Allen, VA 23060
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