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Virginia Notice of Expungement Rights

Category:
Statewide - Juvenile and Domestic Relations
State:
Virginia
Control #:
VA-DC-588
Format:
PDF
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Description

This official form is for notice of expungement rights.
Virginia Notice of Expungement Rights is a document issued by the Virginia State Police informing individuals of their right to have certain criminal records expunged. Expungement is the legal process of sealing or destroying court records related to an arrest or criminal conviction. It is important to note that expungement is only available for certain offenses and is not available if the individual has a prior conviction. The Virginia Notice of Expungement Rights includes information about the types of criminal records that are eligible for expungement. It also provides information about the process of filing an expungement petition, as well as the time frames for when an expungement petition can be filed. The types of Virginia Notice of Expungement Rights include: 1. Notice of Expungement Rights for Arrested Persons: This document is issued to individuals who have been arrested but not charged with a crime. It informs them of their right to have the arrest record expunged. 2. Notice of Expungement Rights for Convicted Persons: This document is issued to individuals who have been convicted of a crime. It informs them of their right to have the criminal record expunged. 3. Notice of Expungement Rights for Juvenile Offenders: This document is issued to individuals who were charged or convicted of a crime as a juvenile. It informs them of their right to have the criminal record expunged.

Virginia Notice of Expungement Rights is a document issued by the Virginia State Police informing individuals of their right to have certain criminal records expunged. Expungement is the legal process of sealing or destroying court records related to an arrest or criminal conviction. It is important to note that expungement is only available for certain offenses and is not available if the individual has a prior conviction. The Virginia Notice of Expungement Rights includes information about the types of criminal records that are eligible for expungement. It also provides information about the process of filing an expungement petition, as well as the time frames for when an expungement petition can be filed. The types of Virginia Notice of Expungement Rights include: 1. Notice of Expungement Rights for Arrested Persons: This document is issued to individuals who have been arrested but not charged with a crime. It informs them of their right to have the arrest record expunged. 2. Notice of Expungement Rights for Convicted Persons: This document is issued to individuals who have been convicted of a crime. It informs them of their right to have the criminal record expunged. 3. Notice of Expungement Rights for Juvenile Offenders: This document is issued to individuals who were charged or convicted of a crime as a juvenile. It informs them of their right to have the criminal record expunged.

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FAQ

To ?expunge? is to ?erase or remove completely.? In law, ?expungement? is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.

An Expungement is the removal of court and police records from public inspection. This does not include Motor Vehicle Administration records, which may have minor traffic violations, such as a speeding ticket. This process should take no more than 90 days unless there is an objection or an appeal.

An expunged record cannot be seen by the public, employers or background check agencies. However, the record may still be seen by government agencies, police, military, and other agencies that require a security clearance for a particular job.

That means that if your record is expunged, then potential employers, landlords, and others will not be able to find evidence of your prior arrest, and you will not be required to disclose your arrest or charge to potential employers or others in Virginia.

An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant's criminal record as well as, ideally, the public record. It is important to clarify that expungement is not ?forgiveness? for committing a crime?that is a legal pardon.

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.

The expungement process takes about 90 days from the date that you file your petition. - The State's Attorney's Office has 30 days from when they receive the petition to object to any petition for expungement.

Disclosure of expunged records. A. It shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged.

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More info

After you have been convicted of a crime and completed your sentence (jail, prison, probation, fine and fees), you may be eligible for a Set Aside. The petitioner must apply to seal their records in each court in which they have been convicted.Please read A.R.S. § 13-911 in its entirety. Old conviction impacting your life? An Arizona expungement known as a conviction set aside under ARS 13-905 can help. If the Court grants an application to set aside a conviction or to reinstate civil rights, the case is not sealed, and the case remains a public record. Expungement and Benefit Reinstatement Forms ; AO 246A, Order of Discharge and Dismissal Under 18 U. S. C. § 3607(a), Expungement and Benefit Reinstatement Forms. To "expunge" is to "erase or remove completely. The entire process can take up to eight months. A criminal record is not actually "expunged" under this statute.

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