Expungement Lawyers in Fairfax, VA, Helping You Clear Your Record
Expungement is a legal process that removes criminal charges from public access, making your record inaccessible without a court order. Whether you were acquitted, your case was dismissed, or you were a victim of identity theft, expungement ensures that past charges no longer create barriers in your life. According to Virginia Code §19.2-392.2, eligible charges can be sealed, helping individuals secure jobs, housing, and education without the shadow of a criminal record.
The process does not destroy records but seals them. Law enforcement cannot disclose sealed records unless directed by a court. However, it is important to note that convictions are not typically eligible for expungement under Virginia law, though recent legislation has introduced some exceptions.
At Carmichael Ellis & Brock, we understand the importance of taking this step and are here to help you through it.
Who Qualifies for Expungement in Virginia?
Determining eligibility is the first and most crucial step in the expungement process. You may qualify if:
- You were acquitted of the charge.
- Your case was dismissed (e.g., through nolle prosequi or lack of evidence).
- You were a victim of identity theft and someone used your information during their arrest.
- Your charge was dismissed as part of an agreement, such as a resolution under Virginia Code §19.2-151 (Accord and Satisfaction).
Certain charges cannot be expunged, such as guilty pleas or deferred dispositions, under laws like §18.2-251. As your expungement lawyers in Fairfax, VA, we will carefully evaluate your case to determine if you qualify for this process.
The Expungement Process in Fairfax, VA
Here is an overview of what to expect:
- Obtain Records: Gather certified copies of your case’s disposition from the Fairfax Circuit Court.
- File a Petition: Submit a petition for expungement in the Circuit Court where your case was handled.
- Fingerprinting: Visit the Fairfax County Police Department for fingerprinting. These prints are sent to the Virginia State Police for a criminal history check.
- Notify the Commonwealth Attorney: Provide a copy of your petition to the Commonwealth Attorney, who has 21 days to respond.
- Hearing: If needed, attend a court hearing where a judge will decide whether to grant the expungement.
Why Choose Carmichael Ellis & Brock?
At Carmichael Ellis & Brock, we pride ourselves on guiding our clients through the complexities of the legal system. We understand how intimidating the process can be, which is why we handle every step, from gathering documents to representing you in court. As your expungement lawyers in Fairfax, VA, we are committed to helping you secure a fresh start by presenting your case effectively and ensuring all paperwork is filed correctly.
Contact Carmichael Ellis & Brock at 703-684-7908 for a free consultation. Let us help you pursue justice and secure the compensation you deserve.