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Virginia Petition for Expungement Filed in a Circuit Court - Absolute Pardon

State:
Virginia
Control #:
VA-CC-1472
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PDF
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Petition for Expungement Filed in a Circuit Court - Absolute Pardon
A Virginia Petition for Expungement Filed in a Circuit Court — Absolute Pardon is a legal document that can be used to remove criminal records from public view. The petition must be filed in the Circuit Court in the county or city where the case was heard and decided. The petition must be accompanied by an Absolute Pardon from the Governor of Virginia, which must be signed and dated. The pardon must include a statement of the specific conviction or convictions for which the pardon is being sought. The Virginia Petition for Expungement Filed in a Circuit Court — Absolute Pardon can be used to expunge convictions for misdemeanors, felonies, and certain drug offenses. The types of Virginia Petition for Expungement Filed in a Circuit Court — Absolute Pardon include: 1. Full Expungement: This type of petition will expunge all records related to the conviction or convictions, including arrest records, court records, and all other criminal records related to the case. 2. Partial Expungement: This type of petition will expunge some records related to the conviction or convictions, such as arrest records or court records, but not all criminal records related to the case. 3. Limited Expungement: This type of petition will expunge only certain records related to the conviction or convictions, such as arrest records or court records.

A Virginia Petition for Expungement Filed in a Circuit Court — Absolute Pardon is a legal document that can be used to remove criminal records from public view. The petition must be filed in the Circuit Court in the county or city where the case was heard and decided. The petition must be accompanied by an Absolute Pardon from the Governor of Virginia, which must be signed and dated. The pardon must include a statement of the specific conviction or convictions for which the pardon is being sought. The Virginia Petition for Expungement Filed in a Circuit Court — Absolute Pardon can be used to expunge convictions for misdemeanors, felonies, and certain drug offenses. The types of Virginia Petition for Expungement Filed in a Circuit Court — Absolute Pardon include: 1. Full Expungement: This type of petition will expunge all records related to the conviction or convictions, including arrest records, court records, and all other criminal records related to the case. 2. Partial Expungement: This type of petition will expunge some records related to the conviction or convictions, such as arrest records or court records, but not all criminal records related to the case. 3. Limited Expungement: This type of petition will expunge only certain records related to the conviction or convictions, such as arrest records or court records.

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FAQ

A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

Expunging your record means the charge will be permanently removed from all records. Generally a case must have been fully dismissed in order to qualify for expunction, and there are strict guidelines for eligibility.

New Virginia Expungement Law Takes Effect in 2025. The Virginia General Assembly passed a new expungement law in 2021. The law, which takes effect in 2025, makes expungement automatic in some cases and expands expungement eligibility to some criminal convictions.

An expungement only applies to those found innocent or not convicted. An expungement does not apply to those who have been convicted of a crime, unless the conviction is later overturned or an absolute pardon is granted. Absolute pardons are granted only in rare cases by the governor.

In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.

To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be fingerprinted, and there is a waiting period. During that waiting period, the Commonwealth's Attorney receives a copy of the petition, and has an opportunity to object.

Asking the court to seal your record: If you have misdemeanor?or felony?non-convictions on your record but do not meet the requirements above, you can petition for expungement under current law.

Virginia does not allow for expungement of convictions of any type - whether misdemeanor or felony. The ability to expunge / remove entries from a criminal record in Virginia is limited to entries relating to offenses which were eventually dismissed - and only some of those qualify.

More info

A petition filed under this subsection shall include one complete set of the Petitioner's fingerprints obtained from a lawenforcement agency. In person: bring your completed paperwork and filing fee to the third floor of the Clerk of the Circuit Court during normal business hours.Petition For Expungement Filed In A Circuit Court Absolute Pardon {CC1472}. There is no filing fee for an expungement in the case of an absolute pardon. A petition filed under this subsection shall include one complete set of the petitioner's fingerprints obtained from a law-enforcement agency. A petition for expunction should be filed with the clerk of court in the county where you were charged or convicted. You are allowed to pursue your case "pro se," meaning without an attorney. The court might provide the forms you need to file the petition. If you are granted an absolute pardon, your criminal record will be erased from public view so your past won't haunt your future anymore. Pardons do not expunge a criminal conviction from your New York State record.

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Virginia Petition for Expungement Filed in a Circuit Court - Absolute Pardon