Virginia Code Section 19.2-392.2 provides for the "expungement" of court and
police records of charged offenses that did not result in a conviction.
Certain criteria must be met in order to qualify for this court-ordered
expungement. The petitioner must show that the "continued existence and
possible dissemination" of those records may be a "manifest injustice" (such
as a "hindrance" or "unwarranted damage" in seeking employment, education
or credit).
Non-conviction cases that ended in a General District Court or in a Juvenile
and Domestic Relations District Court may be expunged. All expungement
petitions are filed in and ruled on by the Circuit Court.
A prosecutor from the local Commonwealth's Attorney's office will be opposing
counsel. In some situations, they have no grounds to object. In other
situations, they have the discretion to object or not object.
More complicated situations, such as conviction for a lesser charge or for
conviction for fewer charges than were originally charged may require
deeper discussions and strategies in order to seek to attain the
expungements.
As part of an entered expungement order, police records from the
involved localities as well as the Virginia State Police must be expunged.
If the Circuit Court wrongly refuses to grant the expungment, Andrew Wiggin
may also be retained to handle that "civil" appeal case, the the Supreme Court
of Virginia.
police records of charged offenses that did not result in a conviction.
Certain criteria must be met in order to qualify for this court-ordered
expungement. The petitioner must show that the "continued existence and
possible dissemination" of those records may be a "manifest injustice" (such
as a "hindrance" or "unwarranted damage" in seeking employment, education
or credit).
Non-conviction cases that ended in a General District Court or in a Juvenile
and Domestic Relations District Court may be expunged. All expungement
petitions are filed in and ruled on by the Circuit Court.
A prosecutor from the local Commonwealth's Attorney's office will be opposing
counsel. In some situations, they have no grounds to object. In other
situations, they have the discretion to object or not object.
More complicated situations, such as conviction for a lesser charge or for
conviction for fewer charges than were originally charged may require
deeper discussions and strategies in order to seek to attain the
expungements.
As part of an entered expungement order, police records from the
involved localities as well as the Virginia State Police must be expunged.
If the Circuit Court wrongly refuses to grant the expungment, Andrew Wiggin
may also be retained to handle that "civil" appeal case, the the Supreme Court
of Virginia.
Andrew G. Wiggin, P.C.
Expungements
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"Serving clients in all litigation after state criminal trials, all across Virginia!"
www.post-trial-litigation.com
(757) 333-7539
(757) 333-7539
Disclaimer: The information provided on this website is not legal advice. Accessing the information on
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons
may contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G.
Wiggin does not serve as counsel of record in federal courts, nor give legal advice on representation in
federal litigation, although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons
may contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G.
Wiggin does not serve as counsel of record in federal courts, nor give legal advice on representation in
federal litigation, although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.