Legal Question in Criminal Law in Virginia

I live in Virginia and when I was 22, I was charged with 4 counts of petty larceny (all pertaining to the same case). This occurred 3 years ago. This was my first offense and I haven't had any subsequent arrests or trouble during my probationary period. I paid restitution voluntarily. I took the required counseling that was ordered by the court and my probationary period is now over. Even though I continue to attend college, I haven't been able to find a job because of this record. Is there a way that I can petition the courts to expunge or seal my records, so that I may gain employment?

Asked on 10/14/10, 12:03 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Unfortunately, no, per Va, Code Sec. 19.2-392.2 et seq., expungement

is not available to those individuals who have been convicted of a criminal

offense in the Commonwealth (whether a misdemeanor or felony) unless they can prove that they were wrongfully convicted and consequently have received a pardon from the governor.

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Answered on 10/19/10, 1:32 pm

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