Full question:
i have a felony drug possession, from 1998, in the state of virginia. Can i have this removed from public view so I can find a place to live..
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Virginia
Answer:
In Virginia, expungement is the omission, sealing, deletion, or obliteration of records. Thereafter, the person may legally deny the existence of the records and may not be denied any permit, license, or employment based upon the expunged records. However, expunged records may be disclosed for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record. See VA statutes § 19.2-392.3.
When a record is expunged, the record is not destroyed but removed from public access and sealed.
A person charged and then acquitted, who had charges nolled, or granted an absolute pardon, may petition for expungement. A first-offender arrested for a misdemeanor may have records expunged. Also, any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification. § 19.2-392.2.
Upon receiving a copy of a writ vacating a conviction pursuant to Section 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction.
Under § 19.2-392.2, an eligible person may petition for expungement of police records and court records relating to the charge expunged. Also the division with control of DNA records shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction. § 19.2-310.7.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
