Tuesday, May 14, 2013

Charlottesville Criminal Defense - Felonies are Forever

Felonies are Forever

So are misdemeanors, as it turns out. EXPUNGEMENT is the process of having the record of a criminal proceeding destroyed. However, it only applies to charges which did not result in conviction. Va. Code §19.2-392.2 ...allows a person to petition to expunge a charge on which that person “is acquitted … or a nolle prosequi is taken or the charge is otherwise dismissed…” You can never expunge a conviction from your record in Virginia.

Many people do not understand that, and call attorneys 10 or 20 years down the road, wanting to expunge convictions from their records so they can get a job, or get into school. They can’t believe that all these years later, when they have been good, productive, tax-paying citizens of the Commonwealth they can’t wipe the slate clean of some youthful indiscretion.

Think about that next time you go to the polls to vote in one of those “tough on crime” campaigns for the General Assembly. It’s not just Charles Manson they’re talking about …

Andre Hakes
Criminal Defense Attorney
Tucker Griffin Barnes
Andre's Bio: http://www.tgblaw.com/attorneys/#hakes


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