I shoplifted in 2011 and I later got it vacated. My background check shows that I plead guilty and that I had it vacated. Can I get this expunged so no one can see? I am unsure if this is something that is able to get expunged or if I need more ti...
Whether a court record may be sealed and whether a conviction may be vacated depends on the type of crime involved (misdemeanor or felony) and the court where conviction is obtained (juvenile or adult). A decision whether to seal or vacate a criminal case can only be made by a judge in the court where the case was filed.
Sealing or destroying a court record or vacating a conviction does not necessarily affect the records maintained by law enforcement agencies, other government agencies, or private concerns. Requests about records maintained by other agencies must be made to those agencies.
You should take the time to consult with a criminal defense attorney in your state.See question
I went to court a while back and I pled Nolo contendere contest it showed up as guilty on my record I want to know why
A "No Contest" plea states that although you are not admitting guilt to the charge, you are not contesting the allegations. If the allegations are not contested, they stand and the accused is then found guilty. That is why it shows up as a guilty finding.See question
Can I pass DOJ even if it shows up as dismissed
The background checks vary in depth, eg., sometimes they report convictions and sometimes charges. Usually, a charge of a crime of violence, sexual deviancy, theft may negatively affect a job applicant; but, it depends on the job.See question
My father committed suicide in 1988 I have been trying to get the case file from that day so I can read his final thoughts. But I was first told the case was sealed by my mother and stepfather. But I was told today after trying for the last 3 year...
WOW tough situation to be in. Good luck in your grieving.
As for your question, I don't know of any criminal prosecution that takes place on the charge of a suicide because the accused needs to be alive. Thus, I think either the case that was expunged was one that was from your father's earlier experience with the criminal courts; OR, maybe related to an investigation into his cause of death. If it was a civil case, sometimes the parties persuade the court to "seal" sensitive documents. Sealing means they still exist. Expungements usually result in the destruction of police records.
I got stopped and the suspected ovi I have a North Carolina licenses and I was stopped in Ohio I couldn't go pee for the rest so they said that's considered a refuse so they are suspending me for 1 year for driving in Ohio
You can go to your home state (issuing state's) DMV - either online or in person - and request a copy of your DMV record. If your state has reciprocity with the suspending state, then it will definitely be listed. If there is not reciprocity, the best thing to do is to ask the DMV of the suspending state about your status. NOTE - sometimes it is note "your license" that is suspended but your "driving privileges" for those states that are not where you got your license.See question
There are many definitions of public records, but not many as to when it becomes official. For example, a police report, when does that document become official. Is there any case law that determines when a record becomes official?
It will depend on the use of the word "official." Thus, without knowing the context, I will answer generally - it means a document that is created in the normal course of the business.See question
Paid all the court fines and reinstatement fee here in Virginia. I have also completed VASAP and have waited my one year suspension. Will West Virginia DMV require me to do any additonal requirements in order for me to get a Virginia license?
The information provided here is not to be deemed to be, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
The best source of information is to get a compliance letter from the Virginia and West Virginia DMVs. This way you have clear information on what each state requires of you.
Good luck.See question
I have a record that includes drug possessions, theft, and credit card fraud, all felonies. Other charges as well but these I believe are what are causing me the biggest problem. Most recent charge being in 2012. I previously had a drug problem,...
The information provided in this response is NOT to be deemed to be legal advice but is offered as general information.
Virginia has very strict rules regarding the eligibility of expungements - they are limited to cases that were dropped (not prosecuted) or dismissed (either by a finding of not guilty or a judge dismissing the case for other reasons). Unfortunately, the best you can do is keep doing the right things - not getting any new charges- so that enough time passes so that you can be eligible for a governor's pardon. As another attorney stated, let people/employers see you as the person you are today - clean, dedicated, mature, etc. - who is worthy of being given a chance. Good luck.See question
I am recently divorced. We share custody of our 9yr old son. He spends the night at his fathers house 1-2 times out the week and every other weekend. Our divorce decree states if one parent wishes to move, we must go to mediation to work out visit...
Please note this response is for general information only and is NOT to be deemed to be legal advice as each case is different.
The case law in Virginia intends to create an opportunity for the child to have a meaningful relationship with each parent. Thus, if moving out of state decreases or diminishes the child's relationship with a parent, it is a basis for the court to order the custodial parent not to move. Consideration is based on the "best interest of the child." If the custodial parent can show the court that the move is good for the child - for the reasons stated in your hypothetical, the court can approve the move. One of the most successful ways for a parent to move is to get the blessing of the other parent. Maybe the days of visitation can be switched or travel shared between the parents. Although money was identified as a limitation, it is always beneficial to consult with one so that they can hear all of your facts and give you their recommendations specific to your situation.See question
My d.u.i. was all taken care of in 1997, I have not had any alcohol related tickets since then. I have just had regular speeding tickets, and such. My points are at zero.
Due to the age of your prior DUI 1997, it should not affect the open container charge. Be wary of the prosecutor possibly making comment on it in an attempt to inflame/trouble the judge into thinking that "here you go again, drinking and driving." Make sure you let your attorney know of the prior charge and the circumstances of this case so that you can be helped to the max. Good luck.See question