Expungement is referred to a court-ordered process, in which legal record of the criminal-conviction is sealed or erased making it unavailable for the federal government. The process may also be called as expunction or setting aside a criminal conviction. It is important to meet certain standards to qualify for this process in Virginia. The complexity of the eligibility of a person that either he or she is eligible for the expungement or not can be understood by Prince William Virginia Expungement lawyers. An individual should never miss this chance, as it is good to have the option of removing the criminal incidents from the record.
Factors governing the eligibility for expungement:
These factors differ in each state depending on the laws and regulations that are followed in the respected state. According to the Prince William Virginia Expungement lawyer, the factors that influence the eligibility of a person for expungement include:
- The period to appeal expungement has passed since the arrest or conviction
- The intensity and nature of other events in the criminal record of applicant
- Number of events in the applicant’s record (including conviction in other state or country)
- The intensity and nature of the crime for which expungement is sought because any sex offense can lead to the denial of expungement
There are certain special rules for the eligibility of expungement if the offender was juvenile or the arrest or conviction was because of a sex offense.
Process for Expungement:
The process is also different from every state for expungement but regardless of the description used the process results in the sealing or removing of the criminal records. An individual can take help from Prince William Virginia Expungement lawyer. The process starts with the filling of an application or petition for expungement. After filling the application, the court might have standards like to attach standard forms that include a checklist of documents and information. An order of expungement is issued when the court grants a petition or application. This can be served by other agencies then. This ensures that any criminal records that they have on the person are removed or sealed. The agencies include the arresting agency, the booking agency, and the department of correction of the state. Prince William Virginia Expungement lawyer plays a vital role in such cases. They help their clients to remove or seal their record.
When a person is accused of sex offense, he/she is registered as a sex offender. Individuals, who have received the order of expungement, should not assume that these registrations and reporting would automatically be removed. A separate motion is also needed to file, to get relieved from the registration and reporting requirements. In case if that separate file is not granted, the offender has to follow the registration and reporting laws that are practiced in their state.
Lawyers in Prince William Virginia:
There are several-experienced Prince William Virginia Expungement lawyer, who legally assist their clients. They bear the best qualities that make them client-centric. These skills and qualities help them to build a strong defense for their client.