McLean, VA Expungement Lawyer

Attorney Helping With Expungement and Sealing of Criminal Records in McLean

A criminal record can cast a long shadow over your life, even after you have served your sentence or been cleared of wrongdoing. In Virginia, records related to arrests, prosecutions, and convictions can affect your employment opportunities, your ability to find housing or pursue an education, and certain types of professional licenses. Fortunately, it may be possible to clear or limit access to those records through expungement or sealing.

The expungement process in Virginia can be complex, but the experienced criminal defense attorney at Noorishad Law, P.C. can help you complete this process successfully. Attorney Noorishad will evaluate your eligibility, help you prepare and file the appropriate petitions, address any objections from prosecutors, and make sure you meet all legal requirements to clear your criminal record. His legal representation can make the difference between a successful petition and a denied request.

What Is Expungement?

Expungement is a legal process that allows for the removal of records related to certain criminal cases from public access. When a record is expunged in Virginia, it is sealed from view by the public, including employers, landlords, and licensing agencies. The record may still be accessed by law enforcement or the courts, but it will not appear in background checks.

Benefits of expungement include:

• Improved access to job opportunities
• Eligibility for housing and loans that may be denied to someone based on previous arrests or convictions
• A more positive personal and professional reputation
• Restoration of your peace of mind

Eligibility for Expungement in Virginia

Historically, expungement in Virginia was available only in limited circumstances. However, recent legal reforms have expanded eligibility in some areas. Your eligibility for expungement will depend on the outcome of a criminal case and the nature of the charge.

In general, criminal records may be expunged if a case resulted in an acquittal or if charges were dropped by prosecutors or dismissed by a judge. You may also request an expungement in other situations where a case resulted in a non-conviction.

If your case was resolved through a deferral-dismissal in which you were able to avoid a conviction by completing probation and other requirements, you may be eligible for expungement. Most misdemeanor convictions can also be expunged, including offenses such as petit larceny, possession of marijuana, trespassing, and disorderly conduct. Convictions or deferral-dismissals for DUI or domestic violence generally cannot be expunged.

Expungements for misdemeanor offenses will usually be available after seven years have passed since the conclusion of your case, as long as you have not been convicted of another crime during that time. You will only be eligible for expungement if you do not have any Class 1 or Class 2 felony convictions, you have not been convicted of a Class 3 or Class 4 felony within the last 20 years, and you have not been convicted of any felonies within the last 10 years.

Certain types of felony convictions may also be eligible for expungement. These include most Class 5 or Class 6 felonies, as well as felony larceny. DUI convictions, including vehicular manslaughter, generally cannot be expunged. Any felony charges involving domestic violence will also be ineligible for expungement. The same restrictions generally apply for expungement of felony convictions as for misdemeanor convictions, although felony cases require a 10-year waiting period with no additional criminal convictions during that time.

Virginia law places limits on the number of times a person can receive an expungement. You will only be able to receive an expungement for two sentencing events during your lifetime. If you were convicted of multiple charges at the same time, this would count as one sentencing event. There is no limit on the number of expungements you can receive for cases that did not result in a conviction.

Contact Our McLean, Virginia Expungement and Record Sealing Attorney

A criminal charge or conviction that occurred in the past should not define your future. Whether you were acquitted, had charges dismissed, or are looking to clear records related to a misdemeanor or felony conviction, legal help from a skilled attorney can be invaluable during the expungement process. At Noorishad Law, P.C., our lawyer can assess your eligibility for expungement, guide you through the legal process, and advocate for your right to move forward without the burden of a public criminal record. Contact us by calling 703-542-4500 to set up a free consultation and begin your journey toward a clean slate.