A criminal background check can be obtained by contacting your local State Police for criminal records or filling out an FBI Applicant Information Form. You can also use third-party services such as private detectives or online criminal record databases.
An individual not convicted of misdemeanor crimes is eligible to have his criminal records expunged in Virginia, which means that they are eternally sealed. In particular, drug and juvenile convictions may be easier to expunge than other types of misdemeanors. Once a criminal record is successfully sealed, it is no longer available to potential employers conducting background checks. It is important to note that Virginia does not expunge criminal convictions.
An expungement in Virginia would physically destroy the records, rendering them completely inaccessible. Sealing would block them from access by members of the public such as landlords doing background checks. But, they still exist and could sometimes be retrieved by law enforcement agencies for specific purposes.
If you qualify for an expungement in Virginia, you have to file a petition first and have a copy of either the warrant or indictment with the circuit court where the case took place. It must have in it the date of the arrest and the police agency involved in the arrest, what you were charged with, the date the case was finished, your date of birth, and your full name at the time you were arrested. The court will then send a copy to the Commonwealth of the city or county where you filed your petition. The lawyer of the commonwealth will respond to the petition before the 3 weeks.
Thereafter, the person may legally deny the existence of the records and may not be denied any permit, license, or employment based upon the expunged records. However, expunged records may be revealed for purposes of an employment application as an employee of a law enforcement agency or for a pending criminal investigation and if that investigation may be jeopardized or that life or property will be endangered without immediate access to the record, based on Virginia Code § 19.2-392.3.
Expungement in Virginia can be a brutal process. There are a number of pitfalls and strategies involved to safely navigate the legal system to achieve the desired result. The Commonwealth laws permit only the truly innocent to have their arrest records expunged. In effect, you need to be found not guilty or have the case voluntarily dismissed by the prosecution. If you otherwise qualify, and the charge was a misdemeanor and you have no prior record, you have an absolute right to an expungement. However, if the charge is a felony and you have prior convictions, the court must find that the continued existence and possible dissemination of information relating to your arrest creates a manifest injustice.
If you need the help of a Virginia expungement lawyer in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. expungement attorney in VA, call us at 855-696-3348. B