In 2005, my ex-boyfriend broke into a closed convenience store and stole the cash register. I was in the front seat of the "getaway car". I did not participate in any way, nor did I spend any of the money obtained. I was simply there. I plead "not guilty", but was still found guilty of grand larceny, b&e, and poss of burg tools, given no jail time, and no probation. It has been almost 7 years, and I'm finding it hard to obtain employment. Can I expunge it from my record or appeal a 7-year old conviction? Had I known the impact it would have, I would have fought harder when I was 18 to overturn it.
I have paid all court fees and restitution costs.
Although I am not specifically familiar with Virginia law, in most states a case can only be expunged when there is a favorable finding for the defendant. You were convicted by a jury. It is also too late to appeal your conviction. Your only hope would be to seek a pardon from the governor. This is a very rare and difficult thing to obtain. You could contact the governor's office and find out where you can get information on the procedure to apply for a pardon.
You should ask a Virginia attorney, but I am afraid that for most states Mr. Richman's answer is right on target.
Virginia has a very strict standard in evaluating whether a particular criminal charge is expungeable. In Virginia, only if you were found not guilty by a Judge or jury, or if the charge against you was dropped, per a motion of nolle prosequi, is an expungement possible. Unfortunately, this strict standard creates many unfair situations, and you will not be able to apply for an expungement with your conviction. However, you may consider contacting the Governor's office to discuss whether you can apply for a Governor's pardon.
This response does not create an attorney-client relationship. This response is provided for informational purposes only. It is recommended that you consult directly with a licensed attorney regarding your legal concern.
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