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How Can I Get the Charge Taken Off of My Record (an Expungement) In Virginia?

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How Can I Get the Charge Taken Off of My Record (an Expungement) In Virginia?

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In Virginia, in order to be eligible for an expungement, you must have been acquitted (found not guilty by a judge or jury), the prosecutor must have moved for a nolle prosequi (dismissal without prejudice), or the charge must have been “otherwise dismissed,” which includes dismissal by accord and satisfaction. The procedures that must be followed to expunge a charge that is properly subject to expungement are as follows: (1) File a Petition for Expungement. A petition must be filed setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The petition should state why the continued existence of the charge on your record is prejudicial to you. The petition must be filed in the circuit court of the county or city where the case was disposed of. You must include the date of arrest and the name of the arresting agency. The petition should also include the specific criminal charge to be expunged, the date of the final di

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