Expungement is a possible way to further get discharged with any criminal record, even though, it is a process where a person who has meant to just arrested and being charged with a crime, but eventually, he who was not even convicted, can own police and judiciary records of the detention and still didn’t exposed to the public. Though, this does not determine that the records are expunged. The records are just taken privately and away from the views of the public and allow to be seen just when the court permits the decision.
Who is authorized to receive an expungement?
- A person who is involved in a criminal case but not even found guilty and is later on cleared by an authority or jury.
- Any individual in a public action who is sentenced with hatred of court, but stays proven not guilty.
- A person in a criminal case in where the Commonwealth lawyer’s office elects not to continue (nolle prosequi) for all charges.
- A person charged with a crime like battery and assault or other types of a misdemeanor, for which the person could likewise be accused in a civil conflict if the victim person declares in writing s/he has obtained a settlement for the damage and the case is going to drop.
- A defendant whose honor or license has been unlawfully used without his permission or support in a criminal case (describe as a theft).
- A person sentenced to a crime which further takes an absolute pardon.
How can a person receive an expungement?
In a manner to get an expungement, the person will have to take a court procedure (means file an appeal) in the path of the court for the control where the person has been charged. If a person has a wrong identity sentence, then he should appeal a file exactly in the same court where the case was previously decided or started there.
However, it is very difficult to further get an expungement in Virginia, except you meet with the guidelines above. Moreover, if the judiciary is sympathetic to the purpose for wanting an expungement, the judiciary can only allow an expungement if the person’s situation fits the conditions for an expungement.
What does “nolle prosequi” mean and is this possible that a person can get all the criminal records expunged in such case?
A person should have to be allowed or even qualified according to the guidelines to get further their criminal record expunged in this condition. “Nolle prosequi” means that the commonwealth’s lawyer elected not to continue the charges against the person. After guilt was not discovered, the person can easily then claim innocence of his character.
Though there are many conditions in where a person can ask an expungement for his criminal records, and if he is qualified enough to meet the guidelines of the process, then he can easily get an expungement without any issue or problem. But for this, you need to meet or fit with the above guidelines.