Can I do anything about a falsely brought charge of misdemeanor relating to a noise violation

Asked about 1 year ago - Springfield, VA


I am trying to find out more information about appealing/expunging/sealing a minor misdemeanor charge I have from 2005 in Richmond. This occurred when I was having a loud party in college at VCU, I was given a summons for "Create unnecessary noise" and apparently "obstruction of justice" This is completely unacceptable. Not only did I not understand the charge I was being given at the time, I believe there is absolutely no defensible evidence that the court could have brought against me. I plead 'no contest' because I thought I was only being given a charge related to the noise violation. Is there anything I can do to correct this unbelievable stain on my record which I did not know existed until yesterday?

Attorney answers (1)

  1. James Donald Garrett

    Contributor Level 20


    Lawyers agree

    Answered . You are well beyond any period in which you may appeal the decision or ask for a rehearing. In addition, Virginia has no provision to have any conviction expunged, regardless of how far removed you are from the conviction. If you had been represented by counsel at the time, you may have had a better understanding of the charges and consequences, and been able to present a defense to them as well. Unfortunately, at this point there is nothing any attorney can do for you.

    Good luck.

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    James Garrett
    Garrett Law Group, PLC
    (757) 422-4646 - 24 hour Service

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