A criminal record can follow you for years to come, sometimes limiting the things you can do, the companies you can work for, the schools you can attend, and the places you can rent. There are circumstances when a criminal record can be cleared, or expunged, so your public records will no longer show an arrest or conviction.

A Richmond expungement lawyer could evaluate your situation, and let you know your legal options for clearing your record. Learn how our seasoned criminal defense attorney helps you return to a better life.

Qualifications for Expungement

Not every criminal charge can be removed from a person’s record. Expungement is only allowed if certain qualifications are met, including:

  • The person was acquitted at trial
  • The charges were dropped
  • An injured person has stated they received satisfaction after a misdemeanor charge
  • An absolute pardon was granted
  • The misdemeanor or low-grade felony meets the Clean Slate Law eligibility

An expungement lawyer from Richmond could determine if a specific charge meets one or more of these qualifications.

Clean Slate Law

The Clean Slate Law in Virginia takes full effect on July 1, 2026. This law allows for some criminal records to be sealed from public view. Most misdemeanor records that were not actual convictions will qualify, as well as certain misdemeanors that did result in conviction. Some felonies, such as embezzlement, grand larceny, and prescription fraud, could also be eligible. Serious offenses, such as DUIs and domestic assault, do not qualify.

Once a record has been sealed, it will not appear on background checks, and the person it was applied to can answer questions as if the charge or conviction never happened.

Steps to Take in the Expungement Process

If a person wishes to have their criminal record cleared, they must first file a petition with the circuit court where the charge was handled. After filing, the Commonwealth’s Attorney has the right to respond and object to the expungement. If there is no objection, the judge could decide that the petition can continue through the process.

The next step in the expungement process is typically a hearing, during which the judge decides if clearing the record will help the petitioner more than it will endanger the public. Ultimately, the judge decides if the criminal record will be expunged or not.

An experienced Richmond attorney could help ensure the expungement process goes smoothly and the petitioner’s rights are protected from start to finish.

Reasons to Seek Expungement

Having a criminal record can limit people when they are trying to get in certain schools, apply for jobs, receive a professional license, or obtain housing. A criminal record is always in the background, and it can damage a person’s reputation in big and small ways.

As an expungement lawyer in Richmond can explain, expungement does not erase what was done in the past. Instead, it seals the record from the public eye. This allows the person to live more freely, relieving them from the burden of the past charge or conviction. Moving forward in a positive way is important, and expungement can make that possible.

Consult with a Richmond Expungement Attorney

The complexities of expungement cases are best handled by an experienced Richmond expungement lawyer. At Ashwell & Ashwell, we help people get the fresh start they need to turn their lives around. We understand how expungement works in Virginia, and we can guide you through the process step by step. Contact us to schedule your free consultation, and start working toward a better future.

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FAQs

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