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Virginia Motion for New Trial for Purpose of Expunging Criminal Record

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.


A Virginia Motion for New Trial for Purpose of Expunging Criminal Record is a legal document filed by an individual who intends to have their criminal record expunged after being granted a new trial. This motion is typically filed when new evidence or legal errors arise during the trial process that could potentially change the outcome of the case. Expunging a criminal record means erasing it from public view, which can have significant benefits for individuals seeking employment, applying for housing, or pursuing educational opportunities. However, it is essential to note that expungement laws vary from state to state, and in Virginia, they are relatively limited. There are three primary types of Virginia Motion for New Trial for Purpose of Expunging Criminal Record that may be filed, each serving different purposes: 1. Newly Discovered Evidence: This type of motion is filed when the defendant presents new evidence that was not available during the original trial. The evidence must be both relevant and material to the case, and it should demonstrate that a different outcome is likely if the evidence had been presented during the initial trial. 2. Ineffective Assistance of Counsel: This motion is filed when the defendant believes that their attorney's performance during the trial was ineffective and influenced the outcome of the case. To succeed, the defendant must prove that their attorney failed to provide competent representation, and as a result, the defendant's constitutional rights were violated. 3. Legal Errors: This motion is filed when errors of law occurred during the trial that could have affected the outcome. It argues that the trial court made incorrect legal interpretations or improperly applied the law, leading to an unfair or wrong result. To file a Virginia Motion for New Trial for Purpose of Expunging Criminal Record, the individual must prepare a written document detailing the specific grounds for the motion and submit it to the court that handled the original trial. It is crucial to consult with an experienced attorney who specializes in expungement and criminal defense to ensure that the motion is properly drafted and filed within the statutory timeframes. While a Virginia Motion for New Trial for Purpose of Expunging Criminal Record offers an opportunity to request the removal of a criminal record, it is important to remember that it is not a guarantee of expungement. The court will carefully review the motion, consider the relevant factors, and ultimately decide whether it meets the legal criteria necessary for expungement.

A Virginia Motion for New Trial for Purpose of Expunging Criminal Record is a legal document filed by an individual who intends to have their criminal record expunged after being granted a new trial. This motion is typically filed when new evidence or legal errors arise during the trial process that could potentially change the outcome of the case. Expunging a criminal record means erasing it from public view, which can have significant benefits for individuals seeking employment, applying for housing, or pursuing educational opportunities. However, it is essential to note that expungement laws vary from state to state, and in Virginia, they are relatively limited. There are three primary types of Virginia Motion for New Trial for Purpose of Expunging Criminal Record that may be filed, each serving different purposes: 1. Newly Discovered Evidence: This type of motion is filed when the defendant presents new evidence that was not available during the original trial. The evidence must be both relevant and material to the case, and it should demonstrate that a different outcome is likely if the evidence had been presented during the initial trial. 2. Ineffective Assistance of Counsel: This motion is filed when the defendant believes that their attorney's performance during the trial was ineffective and influenced the outcome of the case. To succeed, the defendant must prove that their attorney failed to provide competent representation, and as a result, the defendant's constitutional rights were violated. 3. Legal Errors: This motion is filed when errors of law occurred during the trial that could have affected the outcome. It argues that the trial court made incorrect legal interpretations or improperly applied the law, leading to an unfair or wrong result. To file a Virginia Motion for New Trial for Purpose of Expunging Criminal Record, the individual must prepare a written document detailing the specific grounds for the motion and submit it to the court that handled the original trial. It is crucial to consult with an experienced attorney who specializes in expungement and criminal defense to ensure that the motion is properly drafted and filed within the statutory timeframes. While a Virginia Motion for New Trial for Purpose of Expunging Criminal Record offers an opportunity to request the removal of a criminal record, it is important to remember that it is not a guarantee of expungement. The court will carefully review the motion, consider the relevant factors, and ultimately decide whether it meets the legal criteria necessary for expungement.

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2. 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.

If the prosecutor's request for a nolle prosequi is granted, you may have a right to have the criminal charges against you expunged from your criminal and police records. However, an expungement would not occur automatically. You would have to file a petition with the court and ask the judge to grant your request.

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.

Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.

In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.

To get an expungement, you must file a petition and obtain a certified copy of your arrest warrant or indictment. Both documents should be filed in the Circuit Court where the charges against you were resolved. Then: The petition is served on the Commonwealth's Attorney.

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Insert full name of petitioner at the time of arrest. 8. List criminal charge(s) petitioner seeks to have expunged. 9. Insert General District Court case number ... Jul 13, 2016 — You will need to leave one copy of the petition with the police department to send with the fingerprints to Richmond to order your criminal ...... police and court records of the arrest and charges sealed from public view. ... the purpose of challenging a criminal record. It will be necessary for you to be ... Bring a copy of your filed petition with you to the police department. The VSP will have the Central Criminal Records Exchange (CCRE) run a record check on you ... However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation or the charge was for a civil offense, the petitioner ... Apr 1, 2023 — This Affidavit is not required if Petitioner has no prior criminal record and the arrest was for a misdemeanor or civil offense. ➢ A certified ... You can also complete the application via the internet here. To obtain your criminal record, you must send your application to: Virginia State Police. Civil & ... Should a court ordered expungement be directed to a criminal justice agency other than the Virginia Department of State Police, the directed criminal justice ... Fairfax County, Virginia - An Expungement is an action used to delete all police and court records pertaining to a criminal case. An expungement is the process of removing a record of a criminal charge from your police and court records. If your records are expunged, they are sealed ...

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Virginia Motion for New Trial for Purpose of Expunging Criminal Record