Quantico Expungement Lawyer
Any arrest may show up if another person checks your background on the internet or through police websites. If you were denied a job or loan because of the results of your background check, you should discuss having your records expunged with a skilled criminal law attorney.
While the law does not make all criminal arrests eligible for removal from public record, some acquittals, dismissals, and arrests may be expunged. Speak with a dedicated Quantico expungement lawyer to learn more about how relevant laws apply to your situation and to see what you are able to do to protect your reputation.
Expungement Laws in Quantico
If a case ends in acquittal or dismissal, Virginia Code Criminal Procedures §19.2-392.2 allows the former defendant to request an expungement of their arrest records. In other words, they may petition the courts to hold a hearing and determine their eligibility for the removal of their arrest from public record. This request may also be made in the event of nolle prosequi or dismissal based on accord and satisfaction.
Additionally, a judge could dismiss a petition for missing data. A request for expungement must include the following:
- A copy of the petitioner’s warrant or indictment
- A motion to have the charge expunged
- The charge to be expunged
- The date of the court’s decision
- Petitioner’s identifying information
- Fingerprints taken during the arrest
After a person completes their request, they must send their petition to the court where the case was originally decided. A petitioner should expect a response within 21 days. A Quantico expungement attorney could help build a strong case and ensure that all relevant information is included in a petitioner’s formal request.
Court Hearings
If the petitioner has no criminal records except for the matter in question, the court may assume the petition is valid, as long as the underlying charges were misdemeanors. A judge may find that the law allows the requested expungement. There is however, no guarantee that a prosecutor would agree. These commonwealth attorneys could argue against the expungement efforts made. If the state’s attorney does not argue against the effort, they give written notice of no objection, and the court proceeds accordingly with removing information from a person’s record.
A petitioner must establish that they have been a law-abiding citizen and that expunged records would improve their quality of life. If the court agrees with that argument, they may order the records to be erased. This legal process could be easier to navigate with the professional guidance of a skilled Quantico lawyer who has experience handling expungement cases.
Mistaken Identity
The law also allows a person to file for expungement if police charge them because of mistaken identity. In this situation, the accused person does not have to pay any filing fees, but they must provide a set of fingerprints with their petition. Legal advocacy from a knowledgeable expungement lawyer in Quantico could make a substantial difference in cases involving mistaken identity and wrongful arrests.
Call a Quantico Expungement Attorney Today
A dismissal or acquittal which remains on your permanent record could impact other important endeavors in your life. A Quantico expungement lawyer may be able to help you straighten out these legal matters. Call an experienced attorney today to learn whether your case is eligible for expungement.