I have 2 assault charges from the same date and trial that happen in 2001 can they be exspunged

Asked almost 2 years ago - Crewe, VA

Fight in high school wit student and teacher was hit recieved charge for teacher and student

Attorney answers (3)

  1. Carleton Penn III

    Pro

    Contributor Level 12

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    Answered . Expungement is the process where any notation of your arrest or citation is removed from the records. Virginia does not allow for record expungement except in very narrow circumstances and is limited "to those that are truly innocent" such as those that were found not guilty, had the charge nolle prossed or "dropped" or had their identity stolen or assumed by another. If you were convicted, your only route for relief is a pardon from the governor.

  2. Andrew Joseph Cornick

    Contributor Level 9

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    Answered . If you were found not guilty, if the charges were dismissed (other than for complying with a first-offender disposition) or the Commonwealth dropped the charges without a trial, you may be able to have the charges expunged. If you were convicted or if you pleaded guilty or "no contest" and stipulated that facts would be sufficient for conviction, and then completed the first-offense deferred disposition, you may not have the records expunged. You should get a copy of the final order in each case and schedule an appointment with a local attorney to determine what if anything can be done.

  3. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . Potentially. Speak to a local attorney about filing the application!

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

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