![]() ![]() A dismissal does not automatically mean that a person was innocent. If a criminal charge against me was dismissed, can I get my criminal record expunged? So, if you pled “nolo contendere” or entered an “Alford” plea, you cannot get those records expunged. The same holds true for an “Alford” plea, whereby the defendant maintains innocence, but concedes there is sufficient evidence to establish guilt. A plea of “nolo contendere” (no contest) is not a guilty plea, however the courts have decided that it is not consistent with claiming to be innocent of the crime charged. You should see an attorney for more specific advice about your situation.Ĭan I get a criminal record expunged if I pled "nolo contendere" instead of guilty? Usually a plea agreement is undertaken to settle a case where the person is guilty or in return for a lighter sentence or community service. If I got a plea bargain for my case, can I get my criminal record expunged? Absolute pardons are granted only in rare cases by the governor. 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. An expungement only applies to those found innocent or not convicted. Since guilt was not determined, you can then claim innocence.Ĭan I get my criminal record expunged if I believe I was unfairly convicted of a crime? “Nolle prosequi” means that the commonwealth’s attorney decided not to prosecute the charges against you. ![]() You should be entitled to get your criminal record expunged in this situation. What does "nolle prosequi" mean and can I get my criminal record expunged if this happened in my case? Basically, it is easier to get expungement if there is only one simple misdemeanor charge against you. If you have a felony charge or multiple charges, the burden is then on you to show it would be “manifest injustice” to you if the record(s) are not expunged. If your application is a simple one where there have been no other convictions and the charge you were acquitted of was a misdemeanor, the judge will usually grant expungement except when the commonwealth’s attorney presents a very good reason why it should not be granted. You are then eligible to request that the court expunge the record, but the commonwealth’s attorney could object, and a judge will need to decide. If I have been acquitted of a criminal charge, am I automatically entitled to have it expunged? You should seek advice from a private attorney to see whether you qualify for expungement. Your circuit court may be able to provide you with the necessary forms for filing your petition however the courts are not allowed to give you any legal advice about your case. You may always file the case without an attorney (“pro se”). Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if your situation meets the requirements for an expungement. It is very difficult to obtain an expungement in Virginia, unless you fit the criteria above. If you have a mistaken identity conviction, the petition should be filed in the court where the case was decided (even if the case was heard in general district court or juvenile court). In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were made. A defendant convicted of a crime who later receives an absolute pardon.A person whose name or identification has been used without consent or authorization in a criminal case (identity theft).A defendant charged with assault and battery or other misdemeanor for which the defendant could also be sued in a civil action, if the injured person states in writing s/he has received satisfaction for the injury and the case is dismissed.A defendant in a criminal case that the Commonwealth Attorney’s office decides not to prosecute (nolle prosequi) for all charges.A person in a civil action who is charged with contempt of court, but is found not guilty.A defendant in a criminal case who pleads “not guilty” and is then acquitted by a judge or jury.Who is entitled to obtain an expungement? The records are taken away from public view and can only be seen if the court gives permission (such as to a law enforcement officer). This does NOT mean the records are destroyed. Expungement is a process where an individual who has been arrested and charged with a crime, but who was NOT convicted, can have police and court records of the arrest and charges sealed from public view. ![]()
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