Can You get Criminal Charges Expunged in Virginia?

One of the most common questions we receive at Portner & Shure is whether someone can have their criminal charges expunged from their record. People are often very worried about criminal charges or serious traffic offenses appearing on a background check for work or school.

The laws in Virginia pertaining to expungement are largely the same as in most other states. You are entitled to have your charges expunged when any of the following occurs: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual's name used in error. If your charges fall into one of these categories, you are eligible to have your charges removed from the public databases and sealed. In other words, these charges would no longer appear on a background check.

If you fall into one of the categories above and are eligible for expungement, you ahve to fill out a form that can be found here (http://www.courts.state.va.us/forms/circuit/civil.html) and file it in court. There will be a filing fee. Once it is filed, a Judge will then review your case and grant or deny your expungement.

Unfortunately, if you are found guilty, you cannot have your conviction expunged.

If you have been charged with a crime or traffic offense in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

Not So Fast! You Could End Up In Jail for Reckless Driving in Virginia!

If you've driven in Virginia, then you know that there are some wild traffic laws that police officers can use to catch drivers. Known as one of the strictest states for traffic offenses, Virginia laws take driving very seriously, and any driver that breaks those laws will face tough penalties. One of the most common traffic offenses that drivers commit is speeding. Virginia does not take speeding lightly. In fact, they have a separate category for excessive speeding, called reckless driving. if you are caught driving 20mph over the speed limit or over 80mph, you will be charged with reckless driving. This charge should be taken very serious because it is NOT a simple traffic offense, it is a CRIMINAL offense. Not only will you be faced with a hefty fine and a criminal conviction on your record if found guilty, but jail time is a real possibility. Every county in Virginia is different with how they view jail time for reckless driving. In many cases, the exact speed will determine if jail is on the table, and if so, how many days, weeks, or months in jail.

The important thing for drivers in Virginia to remember is that if you receive a citation for reckless driving, you should absolutely hire an attorney in order to avoid a criminal conviction and jail time. In all reckless driving cases, our experienced criminal defense attorneys aim to have the speed amended so that it falls below the 20mph+ or 80mph+ threshold so that it is treated as a simple speeding ticket. That is not always possible in every case, however. Sometimes, drivers are caught speeding well over 100mph. In those cases, our goal is to avoid any jail time whatsoever. It is very difficult for anyone charged with reckless driving to appear in court without an attorney and try to avoid any guilty finding or a jail sentence.

Virginia police are always out on highways looking for speeders and reckless drivers. Don't let them catch you. But, if you are caught driving well over the speed limit and charged with reckless driving, call Portner & Shure for a free consultation: (703) 916-1227.