Legal Question in Criminal Law in Virginia

What are my options to get a resisting arrest charge expunged from my record? This is what happened as a result of my ex-wife calling the police and lieing about me assaulting her. I was tried and found innocent of the assault and battery charge because it never happened and the judge saw through her accusations. 3 cops came to my house while I was getting ready to take a shower and go to bed. 2 cops came into the bedroom to talk to me about what happened and 1 cop stayed in the livingroom to talk with my ex-wife. The next thing I knew the cop in the livingroom rushed down the hall and told me I was being arrested and that I had to go with them. I calmly told them ok and asked if I could get a shirt and shoes to put on. The next thing I know I was thrown on the bed and handcuffed and maced. It was in October and about 40 degrees that night. I was taken out of the house and to jail with only my underwear and pants. I am a professional man and asaulting women is definitely not my thing. Now I am unable to get a job because of this charge. I felt like a slave being led out of my house in that manner. I was at home and had plenty of clothes to put on if they would have given me a chance. I never hit, spit, kicked, or threatened the officers in anyway. I just wanted to slip my feet in some shoes and put on a shirt.


Asked on 9/10/09, 5:41 pm

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Best to get an attorney to do the expungement for you. Good luck.

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Answered on 9/15/09, 7:03 pm


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