I was convicted of a law that is no longer on the books and served time for it. Is it still on my record?

Asked about 2 years ago - Richmond, VA

The law was driving with out a license habitual offender in Virginia. The law is not active any longer but I received a felony at the time, is it still on my record?

Attorney answers (2)

  1. Carleton Penn III

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Yes. The Habitual Offender law is still current for driving after being declared an Habitual Offender. The mechanism to be declared an Habitual Offender was removed in exchange for a Third Offense DWI becoming a felony.

  2. Andrew Joseph Cornick

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If you were convicted then the conviction will still appear on your criminal record. If it was a felony conviction, the file will still be in the Clerk's Office in the city or county where you were convicted. If it was a misdemeanor conviction and it has been more than ten years, the clerk in the General District Court has likely destroyed the original file.

    You should also be aware that if you were declared an habitual offender and you have not already petitioned for and received relief, you can still be charged with driving as an habitual offender if you drive in Virginia. Since you apparently have one conviction already, any second or subsequent offense is a felony that carries a mandatory, minimum sentence of twelve months.

    If you meet certain conditions and criteria you can have your privilege to drive restored. If this is something you are interested in doing you should speak with an experienced criminal defense attorney in your area.

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