The Law Office of Wilfred W. Yeargan can help you file a Petition for Expungement of your criminal or traffic charge. §19.2-392.2 of the Virginia Code specifies the conditions when expungement is appropriate. Expungement of a criminal or traffic offense removes the arrest existing on the defendant’s record. The Petition for Expungement if filed in the Circuit Court of the county where the underlying offense was heard.
Petition for Expungement
A Petition for Expungement can be successfully filed when a criminal or traffic charge is nolle prosequi, dismissed, or a defendant was acquitted. A Petition for Expungement cannot be successfully filed when a defendant was convicted of a criminal or traffic charge. It is also not available when the charge was deferred for dismissal with a stipulation of guilt.
Civil vs. Criminal
The Petition for Expungement is a civil matter. A proper pleading is drafted and served on the Commonwealth Attorney, who is required to file an answer within 21 days. Typically, the defendant must be fingerprinted at the time a Petition for Expungement is filed. If the Petition is filed correctly and is successful, the criminal or traffic charge will be removed from the client’s record by court order.
Contact a Fairfax Criminal Defense Lawyer Today
If you have questions about the process of expungement, please contact Attorney Yeargan by calling directly or sending a message online. He will be happy to answer your inquiries and schedule a free consultation. Attorney Yeargan has successfully handled many expungements in a quick period of time. Don’t pursue your case, work with Attorney Yeargan and ensure the best outcome possible.