Is an expungement of your criminal record in your future?

On Behalf of | Jul 3, 2024 | Criminal Defense |

Our past tends to follow us throughout our lives. This is especially true when it comes to the bad or negative events that occurred. An arrest or criminal record can feel like it is constantly looming over your head, making it challenging to move forward no matter how much time has passed.

There is some hope, as some Virginia residents can have their criminal or arrest record sealed from the public. However, this is dependent on the charge and other factors. Nonetheless, it is imperative to consider your options when it comes to reducing or alleviating the burdens and negative impacts your criminal records continue to cause. An expungement might be the resoltion.

Expungement basics

In simple terms, an expungement (also known as an expunction) clears your record of an arrest or criminal charge. As a result, this information will no longer be public record, and you will be alleviated from the duty to disclose this information in certain situations.

At Schergel & Mersberger, PLC, our law firm understands the benefits an expungement can bring. Thus, our attorneys would diligently to guide our clients through this procedure, ensuring they are eligible and helping them move successfully through the expungement process.

Determining eligibility

When it comes to eligibility, the key factor is whether the arrest or crime charged in court resulted in a conviction. In Virginia, if you were convicted of a crime, you are generally not eligible for an expungement based on Virginia Code. Under this rule, expungement may occur if the charges ended in an acquittal, the prosecutor declined to pursue the case or the matter was otherwise dismissed.

Understanding whether or not you qualify for a record expungement can be a complex and confusing process. Thus, it is important to consider your situation and factors involved. A legal professional could provide you with information regarding the process as well as eligibility.