Lisa Manning's Answers

Lisa Manning
Washington Criminal Defense Attorney.
Contributor Level 10

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Attorney answers:

  1. Lisa Manning
  2. Alan James Brinkmeier

What would it take for me to obtain a gun license if i was convicted of a non violent felony in NY over 10 years ago?

Asked by a user in Virginia Beach, VA - over 1 year ago.

Dear Sir/Madam, A non-violent felony conviction does not automatically bar you from obtaining a firearm in Virginia, but it may. The Virginia State Police have a very comprehensive website about the Commonwealth’s firearm regulations, which you can reference here: http://www.vsp.state.va.us/Firearms.shtm In preparation for applying for a firearm, it is advisable to obtain an updated copy of your New York case file to determine whether your rights have been fully restored. You may want...

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Attorney answers:

  1. Lisa Manning
  2. Mitchell Mead Wells
  3. Erick Masten Platten

I have a class one misdemeanor and I was wondering how to get it expunged from my record???

Asked by a user in Newport News, VA - over 1 year ago.

I respectfully disagree with the earlier post, as it does not state the correct legal standard and procedure for expungement of a Virginia case. Whether you can expunge a criminal record in the Commonwealth of Virginia depends on how the Court resolved the case, i.e. the final disposition. The first step is to look up your case record to determine the final status of the charge. If you were convicted or the court made any finding of guilt, the record cannot be expunged, but any other...

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Attorney answers:

  1. Lisa Manning

If I had my shoplifting case expunged, do I still need to disclose it for employment for a banking job?

Asked by a user in Rockville, MD - over 1 year ago.

Please see the following direct quote from the Maryland State Judiciary guide to expungement: "According to Maryland law, Criminal Procedure §10-109: Disclosure of expunged information about civil citations and criminal charges in an application, interview, or other means may not be required of a person who applies for employment, etc. A person need not refer to or give information concerning an expunged charge when answering a question concerning a criminal charge or civil citation that...

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Attorney answers:

  1. Sudeep Bose
  2. Lisa Manning
  3. John P. Yetter

DO I NEED A LAWYER FOR EXPUNGEMENT?

Asked by a user in Arlington, VA - over 1 year ago.

Just as in any area of law, it is possible to represent oneself but both prudent and helpful to have legal counsel. Virginia expungement requires an eligibility determination, Petition, fingerprinting, hearing and follow-up due diligence to ensure that all agencies have complied with the Court's Order. In the case of a dismissal, the expungement can be complicated by a prior finding of facts sufficient for guilt and/or if you have any other criminal history. It is advisable to educate...

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Attorney answers:

  1. Lisa Manning

Once a minor turns 18 in the state of VA, are their records sealed, even if it is a felony?

Asked by a user in Richmond, VA - over 1 year ago.

Thank you for your question. Please see the following link for a legal guide on the subject of Juvenile Record Expungement in Virginia: http://www.avvo.com/legal-guides/ugc/virginia-juvenile-expungement-law-clearing-your-delinquency-record-in-the-commonwealth The main body of Virginia juvenile expungement law is covered by Virginia Code §16.1-306. The statute provides for automatic expungement of certain records, dependant on the charge, final disposition and relevant waiting period....

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Attorney answers:

  1. Lisa Manning

If a judge ordered my juvenile record expunged, how do I know employers can no longer access it?

Asked by a user in Richmond, VA - over 1 year ago.

Once a record has been ordered expunged by a court, the former defendant should conduct thorough due diligence to confirm that the relevant government agencies have complied. The first step is to obtain copies of the court record and expungement order -- this may be difficult if the expungement process is already underway. Next, make a list of all potential custodians of records on the case -- law enforcement, corrections, probation, community service and the court system -- and follow up...

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Attorney answers:

  1. Lisa Manning
  2. Mitchell Mead Wells
  3. Alexander John Gordon

I pled guilty to aggravated assault in 1993 in VA. Will I be able to get my record expunged

Asked by a user in Woodbridge, VA - over 1 year ago.

Convictions are generally not eligible for expungement in Virginia, but you may want to explore other ways to mitigate the effects of your record -- such as addressing any non-conviction charges and/or a pardon. Please see below for more detailed information. Whether you can expunge a criminal record in the Commonwealth of Virginia depends on how the Court resolved the case, i.e. the final disposition. The first step is to look up your case record to determine the final status of the...

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Attorney answers:

  1. Lisa Manning

Expunge

Asked by a user in Leesburg, VA - over 1 year ago.

I am not a member of the Texas Bar, but do specialize in expungement law in the DC area jurisdictions. After brief review of the relevant Texas law, it appears that your case is likely eligible for expungement. Please see the link below for the Texas Code on Expunction (expungement): http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.55.htm#55.01 To prepare for the expunction filing, you may want to request a copy of your Texas record: http://www.txdps.state.tx.us/InternetForms/...

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Attorney answers:

  1. Lisa Manning

Is there absolutely nothing i can do about my marijuana conviction( 1st and Only)...?

Asked by a user in Richmond, VA - over 1 year ago.

Unfortunately, convictions are generally not eligible for expungement under Virginia law, and you must wait several more years before filing to request a pardon. Please see below more detailed information on record mitigation in the Commonwealth. Whether you can expunge a criminal record in the Commonwealth of Virginia depends on how the Court resolved the case, i.e. the final disposition. The first step is to look up your case record to determine the final status of the charge. If you...

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Attorney answers:

  1. Lisa Manning

Expungement,misdemeanor,can,tget,job

Asked by a user in Richmond, VA - over 1 year ago.

Whether you can expunge a criminal record in the Commonwealth of Virginia depends on how the Court resolved the case, i.e. the final disposition. The first step is to look up your case record to determine the final status of the charge. If you were convicted, the record cannot be expunged, but any other charges may be eligible. Please see below more detailed information on expungement, as well as the related issues of FBI arrest records and pardons: VIRGINIA RECORD & EXPUNGEMENT I have...