Legal Question in Criminal Law in Virginia

after being arrested on a federal indictment, my daughter's case was dismissed when they found she was the wrong person (mistaken identity). Shouldn't her record be expunged since she was arrested for something she had nothing to do with? Are there legal avenues to achieve this?

This is a 19 year old kid who has no record at all.

Asked on 11/14/13, 1:20 pm

1 Answer from Attorneys

Sam Moore Law Office of Moore and Sripinyo, PLLC

Yes, generally an arrest based on mistaken identity will provide a basis for an individual to petition the court for an expungement. There are both federal and state statutes that provide for this type of relief. It will not happen automatically; rather, you have to petition the applicable court for relief.

Please feel free to contact my office if you need additional information.

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Answered on 11/14/13, 1:30 pm

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