How can I get a Post-Conviction Relief for a shoplifting incident. 3 years passed

Asked over 1 year ago - Roanoke, VA

I got caught on a shoplifting incident on VA 3 years ago while I was on a J1 student visa, because of the tough law on VA, the situation ended up by spending 2 days on jail. (30 days, to suspend 26 and 4 days on jail)
Now after my graduation, I'm looking for a job, but I'm pretty sure that this incident is in my record. So, I was wondering what are the possibilities of getting Post-Conviction Relief so I can remove it from my criminal record.
Any advice would be appreciated

Attorney answers (4)

  1. Peter Anthony Jabaly


    Contributor Level 15


    Best Answer
    chosen by asker

    Answered . Post conviction relief is difficult to obtain in Virginia, but it sounds as if you'd like to seal the record of the conviction. Unless you can prove actual innocence, the Commonwealth's attorney will oppose the motion and the judge will likely agree absent proof that you're actually innocent.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal... more
  2. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyers agree

    Answered . I hope you have a certified court disposition. If not get that first. This will need to be disclosed on your immigration applications in the future. Shoplifting is a crime involving moral turpitude. This means that 2 or more such cases render you inadmissible. One incident may qualify for a petty crime exception. I agree with Attorney Dixler. You need both an immigration as well as criminal defense attorney.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  3. Kevin Lawrence Dixler


    Contributor Level 20


    Lawyers agree

    Answered . It will depend upon State's rules where the conviction took place and the reasons why you want the case vacated. Some states will not allow this to happen. Some prosecutors may agree, while others will make your attorney go to court for an answer. I suggest contacting both a competent immigration and criminal attorney to assist you. However, the arrest must still be reported, even if the conviction is vacated. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . I too agree with my learned friend, Mr. Dixler ... you need to meet with 2 lawyers.

    PS if you mean 'expunge' when you state post-conviction relief .... forget it ... it can never be totally removed from your record for immigration purposes.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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