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When Can a Crime be Expunged in Virginia?

Melvin L. Hill Attorney at Law Understands the Process for Expungement

When can a crime be expunged in Virginia? Melvin L. Hill Attorney at Law in Roanoke, VA helps his clients answer this question. Certain crimes under Virginia law are eligible for expungement from your record. Having a criminal record can make things difficult in many ways. Those issues can include everything from housing to employment and education. There are times when you are eligible for expungement. Let’s take a closer look at what goes into the process.


Expungement is Only Available for Certain Criminal Offenses

Expungement in Virginia is not available for all criminal offenses. Generally, certain non-violent misdemeanor and felony charges may be eligible for expungement. You have to meet specific criteria for eligibility. Individuals who received an acquittal had charges dismissed or dropped are also eligible. Some of the other reasons you could expungement include:

  • Dismissals with Prejudice
  • Dismissal by Accord and Satisfaction
  • Charges You Received Pardon
  • Previous Charges on Your Record Due to Mistaken Identity or Identity Theft


First-Time Offenders Can Also Clean Up Their Record

Virginia offers a special expungement provision for first-time offenders. If your first charge was a non-violent offense, you could be eligible. Anyone who served probation can get this relief once they complete their probation. Make sure you hire Melvin L. Hill Attorney at Law when you are in this situation. He understands that sometimes even the best of people can make a bad choice. Our skilled attorney can help you ensure that it doesn’t follow you for the rest of your life.


Criminal Records from Childhood Are Eligible for Expunging

Do not allow your decisions during childhood come back to haunt you if at all possible in adulthood. Virginia provides avenues for expunging juvenile records under certain circumstances. There are a few key factors that will determine your eligibility. If you did have charges for a delinquent act and are at least 19 years old, you may be eligible. Also, you cannot have a conviction on your record for any other crimes.


Remember, There Are Waiting Periods Involved

In Virginia, there are waiting periods before you can apply for expungement. Under a 2021 Virginia law that goes into effect in 2025, there can be wait times of about nine months. During this waiting period, it is important to maintain a clean record. This will enhance your chances of a successful expungement. Melvin L. Hill Attorney at Law will help you file the right paperwork so you can get your second chance. He knows where you need to file for this request and will fight for your rights under Virginia law.


Do you need help finding answers to your legal questions? Call Melvin L. Hill Attorney at Law at (540) 342-1851. Follow our blog for more quality information. We are happy to help you answer the question when can a crime by expunged in Virginia?