Mark B. Arthur: Attorney at Law

In Virginia § 19.2-392.2 allows your record to be clean of criminal convictions if you meet certain conditions.  One, if you have been acquitted of the crime, which means that you were found to be not quilty.  Two, a nolle prosequi (they decided not to prosecute the offense) is taken by the Commonwealth Attorney or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151.

This can only be granted by a Circuit Court after a lengthy petition is filed. This petition includes copies of the warrant or indictment; a statement of the facts surrounding the case; and a complete set of fingerprints.  Additionally, the petition must be served on the Commonwealth Attorney, who will have time to review and object to the expungement.  If everything is properly filed and the Court grants the expungement, your record will be cleaned and employers will not see that you were ever charged.  However, if everything is not correct, your expungement can be voided at any time within three years of the order.

Don’t allow a wrongful crime charge to limit your job opportunities in the future. Get your record clean today.