Expungement Of Your Virginia Criminal Record

Good News! There is life after a criminal charge is brought against you, but it can feel difficult to move forward, even if your case did not end in a conviction. The contents of your criminal record can be used to deny you housing, credit and employment.

Some Virginia residents who have been arrested on a criminal charge may have their records sealed from public view, a process known as expungement. Dennis M. Mersberger, the criminal defense attorney at Schmergel & Mersberger, PLC, is a fierce defender of his clients’ rights at every stage of their journey through the justice system so that all possibilities to resolve a criminal charge(s) are dealt with in a manner so that expungement is still an option. . He can answer questions about expungement and your potential eligibility.

Who Is Eligible For Record Expungement?

A key factor in determining eligibility for expungement is whether you were actually convicted of the charge for which you were arrested or charged with in court. If you were convicted of a crime in Virginia — whether a misdemeanor or a felony — you are not eligible for expungement of that conviction according to Virginia Code § 19.2-392.2. In particular, Virginia Code § 19.2-392.2 provides, among other things, that you may be eligible for expungement if a charge ended in:

  • Acquittal, or
  • Nolle prosequi (the prosecutor declined to pursue the case), or
  • A situation in which it was “otherwise dismissed”, including dismissal by accord and satisfaction pursuant to Virginia Code § 19.2-151.

If you qualify for record expungement, our firm’s lawyers can explain the process of filing a petition for your record to be cleared and represent you at any hearings required.

Clear The Air By Clearing Your Record

If an old legal matter is still holding you back, call our offices in Alexandria at 703-763-2645 or use our online contact form to schedule an appointment. We serve clients across northern Virginia, including the City of Alexandria, Fairfax County Arlington County, Loudoun County, Stafford County and many others.