You need to explain what happened in 2008. If you plead guilty or were found guilty, it will not be possible to get an expungement, with or without an attorney. Expungement in VA is a question of whether you were actually innocent of the offense.
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There is no minimum waiting period to petition for an expungement. If the charge was nolle prossed or you were found not guilty, you are eligible. Dismissal of the charge may be eligible for expungement.
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