Legal Question in Civil Litigation in Virginia

Expunge

Falsely arrested for Grand Larceny 11/26/98, case dismissed.

Order of Expungement entered by the Court 1/23/01.

My case is still in the Court's online database.

How can I make certain it is removed from the database?

Can I pursue any charges against the City for failure to comply with this order?

Thank you


Asked on 2/02/04, 2:39 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Expunge

If the matter is in the local clerk of court's computer system, then take a copy of the expungement order over there and ask to speak to the clerk (not an employee, not a deputy clerk, not an assistant clerk, not a chief deputy clerk).

if it's in the Va. Sup. Ct.'s online database, then you probably need to call the clerk of court for the Supreme Court - you may have to fax them a copy of the expungement order. my guess is it didn't occur to the person who did the requirements analysis for the systme that they'd have to be able to delete the stuff.

Bottom line: if an order of expungement has been entered, then you haven't been convicted of any crimes, and everyone's records should reflect that fact. you may have to file suit against the clerk to get the records changed.

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Answered on 2/02/04, 4:11 pm


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