The Collins Law Firm, P.C.
Schedule A Free Consultation Today Call: 757-818-9539

What is expungement?

Many people in Virginia may have heard of expungement, but may not know what it means. Expungement, in its simplest term, is the "sealing" of one's legal record of an arrest or criminal conviction. While the arrest or conviction for most intents and purposes does not appear on a person's criminal background, it does not mean that it completely erased. It can still be accessed and used under certain circumstances.

Although the expunged conviction or arrest will not be accessible to potential employers, educational institutions, private investigators or anyone who searches through one's public record, it is still accessible to law enforcement and the courts. Even the sealed arrest or conviction can be used in the court of law during subsequent trials as a previous offense.

Depending upon the nature and severity of the arrest or conviction and the amount of time that has elapsed since the incident, and the person's criminal record, an expungement may be possible. The process is not always easy. It requires a fee to be paid at the time of the request, and may require papers to be served to a district attorney or to the criminal courts to be reviewed by a judge. Depending up on the jurisdiction, a hearing may also be required by the judge. The judge will ultimately decide whether or not the expungement is granted.

An expungement is never guaranteed, and the laws vary by state. There are certain and specific requirements and qualifications to have your request considered by the courts. In order to see whether you can have an arrest or conviction expunged, it may help to speak with a criminal defense attorney.

Source: FindLaw, "Expungement Basics," Accessed June 12, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us For A Free Consultation Today!

To arrange a free initial consultation with our experienced Virginia lawyers, contact The Collins Law Firm, P.C., at 757-818-9539. You may also complete our online form, and we will be in touch with you shortly.

Contact Us Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Collins Law Firm, P.C. Call Today: 757-818-9539 Fax: 757-483-6684

Portsmouth, VA
5709 Churchland Blvd., Suite A
Portsmouth, VA 23703

Get More Info

Chesapeake, VA
(by appointment only)
828 Greenbrier Parkway
Ste 210
Chesapeake, VA 23320

Get More Info

Emporia, VA
(by appointment only)
155 Spring Street
Emporia, VA 23847


Virginia Beach, VA
(by appointment only)
701 Independence Circle
Ste 202
Virginia Beach, VA 23455

Get More Info