If a petition for expungement is not granted, can you appeal the decision or re-file a petition later for the same charge? I.e., do you only have one shot at it?
Also, is it correct in general that you can only file a petition for expungement once in your lifetime? So if, for example, you had a charge expunged in '08, but had another charge later that was dismissed, can you not petition the later one to be expunged also?
The basis the Circuit Court used in denying your expungement will be very important in determining whether you would be successful in any appeal of that decision. I do not believe that you will be successful in appealing a decision of a Circuit Court denying you an expungement, if the Court denied such expungements on the merits. There are very strict time limitations on filing a motion to reconsider or an appeal of a Circuit court decision, and I strongly suggest you consult with an experienced attorney to discuss your options regarding that Expungement Petition. Virginia has a very strict policy regarding expungements. You may only be granted an expungement if the charge was dropped, upon the motion of the Commonwealth's Attorney for nolle prosequi, or if a Judge or jury found you innocent of the charge. I believe you can file multiple expungement petitions on separate charges. Whether you will be successful, however, will depend on the merits of each individual case. In your situation, you may be able to have the second charge you described expunged; but the specific mode in which the charge was dismissed will be very important in determining whether you will be successful.
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.
If you have numerous charges, you can file a petition to expunge each charge individually. If you had a petition denied, you need to know why for you to determine the likelihood of it being granted if you refile.Consult with an attorney to help you with this process. Good luck.
DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Any response is intended solely to give you limited, yet, general information on the issue presented. Buta Biberaj of Biberaj & Snow, PC is licensed to practice law in New York, Maryland and Virginia. Her offices are located in Leesburg, Virginia.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline