Asked 4 months ago - Roanoke, VAFlag
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
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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.
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.
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.
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