Deletion is the legal process by which a person’s police and court files are permanently removed and sealed from the public. This process varies from state to state, and in Virginia, the final filing of a lawsuit determines whether or not a deletion charge is an option. If your charge has been successfully deleted, it means that your charge is no longer visible to the public (including potential employers). The state of Virginia allows a person’s criminal record to be deleted only if that person has been granted absolute pardon by a judge. However, you can still qualify for ID in Virginia, though. They were arrested but not charged with a crime you were charged with a crime but not sentenced to crime See Virginia Code SS 19.2-392.2.
Deletion of police and court files. You can find the current status or the final disposition of a fee online at: General District Court Circuit Court If you have not been convicted of a crime Your criminal charges, such as a DUI or DWI, can be deleted in Virginia if the final ordering of the criminal charges resulted in one of the following: You have been charged with a crime but found not guilty or acquitted of the charge You have been charged with a crime, but the charge has been dismissed or Noelle prosequi (not prosecuted)You have been charged with a crime, but the charge has been dismissed or Noelle prosequi (not prosecuted)You have been charged with a crime, but the charge has been dismissed or Noelle prosequi (not prosecuted)You have been charged with a crime, but the charge has been dismissed or Noelle prosequi (not prosecuted)You have been charged with a crime, but the charge has been dismissed or Noelle prosequi (not prosecuted)If you have been convicted of a crime If you have been convicted of a criminal complaint in Virginia that you have not committed and later received an absolute pardon, your indictment may be removed. If you have submitted a Nolo Contenders or a declaration of guilt, you are not entitled to have it deleted. How to submit a request for cancellation complete instructions for filing an application for removal in Virginia can be found here.
The procedure for filing a cancellation request varies by jurisdiction in Virginia. Paperwork and filing fees must be submitted to the Circuit Court Civil Department director in the jurisdiction in which you were charged. Most petitioners choose to hire a lawyer to handle this process. However, the court allows individuals to submit their petitions per se (to represent themselves).
Once you’ve determined that you are eligible for deletion, you need to do the following: cover sheet registration fees registration fees An original petition for the deletion of records for each indictment Certified copy of the warrant or subpoena of each indictment with the order (s) to be deleted Order of expungement CC-1474 form for any fee Request for deletion acquittal / discharge CC-1473 form for any charge OR request for deletion Absolute pardon CC-1472 form for any fee. Once you have submitted the above documents to the clerk, you will need to contact the relevant police department to get new fingerprints. The police require a copy of Form CC-1473 or CC-1472.The hearing on deletion as soon as the court has received and processed the necessary documents and fees, a hearing for your petition will be scheduled. You (the plaintiff) and the Commonwealth attorney (the accused) are also allowed to have witness and evidence. If the judge considers that “the persistence and possible distribution of information related to the petitioner’s arrest may or may cause circumstances that are manifestly unfair to the petitioner,” the judge will issue an order to erase records Virginia Code Meet SS19.2-392.2. If you (the petitioner) have a clean criminal record and the charge in question is a criminal offense, removal will be granted.
Why should I consider deleting my file? There are numerous reasons why deleting your data record will benefit you in the long term. The main reasons why people request their criminal records to be deleted are: Review of employer background exams for colleges or universities Permit for volunteering