Rights Following Criminal Conviction in Arlington

Before learning about the potential rights following criminal conviction in Arlington, it could be critical to consider expungement. If someone’s criminal record has not been expunged, they have the right to petition the governor’s office to have the charge against them departed. Other than that, if they are not eligible for expungement under Virginia law, there is not much they are able to do. Skilled criminal defense attorneys know the law and the process associated with the petition, and could inform you of your rights following criminal conviction in Arlington.

Potential for Regaining Driving Privileges

If someone has a commercial driver’s license and is convicted of a crime in Arlington, their driving privileges depend on the crime for which they committed or convicted. The DMV has certain restrictions as to what a CDL holder is able to sustain in terms of convictions. If it is a criminal conviction, it should not be impacted in any way. However, if a person has a reckless driving or a DWI, the DMV is going to revoke the CDL.

Likelihood of Possessing a Weapon After Criminal Conviction

If someone is in possession of a firearm and subsequently charged and convicted of a crime that is a felony, under no circumstances are they able to legally possess their weapon. They are prohibited indefinitely from possessing or owning a firearm. If it is a gun related offense that is a misdemeanor, there is no impact on their future ability to own or possess a firearm, unless they are placed on probation and the court cites a condition of that probation that they are prohibited from possessing or owning a firearm.

There is a process by which, under the rights following criminal conviction in Arlington, someone could petition the court to restore their gun ownership privileges. That could only occur after they have had their civil rights fully restored by the governor to vote and serve on juries. If the convicted felon has their civil rights restored, they could petition the circuit court and the jurisdiction in which they reside to have their gun ownership rights restored.

Treatment of Students Convicted of Criminal Offenses

Circumstances in which a student who has been charged with a crime could still receive financial aid include if they are charged with a crime and not convicted. The kinds of crimes that tend to come up in these financial aid scenarios are underage possession of alcohol or possession of marijuana. The scenario changes depending on whether it is federal aid versus private aid. Each private lender is able to set their own criteria for eligibility as to whether or not a person is going to be eligible for financial aid. For federal aid, the mere existence of a charge against the student does not make them ineligible for aid, but the existence of the conviction might.

Circumstances in which a record expungement could reverse the situation for a student in Arlington include if they are not convicted of the crime for which they were charged. If a student is on or applying for financial aid, the existence of the charge is not going to render them ineligible for financial aid, so the process of record expungement is not going to change anything under those circumstances.

Contact an Arlington Attorney About Your Rights Following a Conviction

An expungement lawyer could help address any questions regarding rights following criminal conviction in Arlington. The lawyer who defended the individual success against the charge is the lawyer who does the expungement. The only exception to that is if there is a defense lawyer who is able to get the charge dismissed, or otherwise not prosecuted or found not guilty, does not do expungements. Under those circumstances, they might seek counsel from someone else, but most of the time the lawyer that represented them with successful outcomes hire them to do expungement. Call one today.