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My husband got a drug charge about 14 years ago in Virginia and we are trying to expunge or pardon it how can this be done. TY

Fredericksburg, VA |

Felony
Done time
About 14 years ago
cant get job
IF HE HAS TO APPLY FOR RESTORATION OF HIS RIGHTS FIRST IF THIS IS TRUE HOW DO HE DO.THIS? And then what is next? Thank you in advance

Attorney Answers 3


  1. he can't get an expungement in virginia due to the fact it was a conviction. and he does indeed have to get his rights restored first. I have never done this but try this link http://www.advancementproject.org/news/entry/guide-available-for-felons-in-virginia-seeking-to-restore-their-civil-right

    The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter


  2. Expunge- no can do in Virginia if he was convicted. That door is closed.

    Pardon- does not clear a record or wipe it out, like mist people incorrectly think.Individual must apply for restoration of rights first as attorney Kim explained. Need to be able to explain why a pardon is appropriate, and not have been in any subsequent trouble. The Virginia Secretary of the Commonwealth has cognizance over the processes, check out their website at https://commonwealth.virginia.gov/

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  3. If he was convicted unfortunately he is not eligible for expungement.

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