There is a link here:
I have a good friend who is trying to find a lawyer in the Newport News area to help him get an expungement for a charge that was dropped so he can apply for his CHP. Any help would be great.
There is a link here:
If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.
Have your friend start by getting a current copy of his criminal record as on file with the the Virginia State Police. If there are no convictions he has nothing to worry about. If he remembers what the jurisdiction is he can do most of the research on line and save the fee to the state police, if it has been in the fifteen years.
Tell your friend it may take some time but it can be done.
I was assuming facts not in evidence.
and I will add
The procedure for Expungement may differ in each locality. If it is the only thing on his record it will be simple. The Court may allow the individual to file their own papers thus saving the legal fees. I would check with Court Clerk in writing to ask the local procedure. Some cases are even handled my the local Legal Aid. There can be several options. Best of luck to your friend.
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Sheriff wrote:I don't understand either. If it was dropped, it isn't an issue. Was this a felony or misdemeanor? If it was a misdemeanor, and was older than 3 years, it won't matter (with a couple of exceptions) anyway.Harryhood wrote:What? Simply having a criminal arrest record should not affect one's ability to obtain a Concealed Handgun Permit in Virginia. As long as the final disposition of any and all arrests was a nolle prosequi, dismissed or not guilty.I have a good friend who is trying to find a lawyer in the Newport News area to help him get an expungement for a charge that was dropped so he can apply for his CHP. Any help would be great.
A warrant that has been dropped, for whatever reason, will usually have "nolle prosequi" as the judge's action on said warrant.
Harryhood wrote:I have a good friend who is trying to find a lawyer in the Newport News area to help him get an expungement for a charge that was dropped so he can apply for his CHP. Any help would be great.
What is an expungement?
If you have arrests or charges that were resolved in your favor, you may be eligible to have your police and court records expunged. Having a record “expunged” means that information about the expunged arrest or charge is removed from the version of the rap sheet that will be sent to employers and others. However,it is important to note that the record of an expunged arrest or charge is never completely destroyed. A record of all your arrests, charges, and fingerprints will remain in a CCRE vault. Courts may order CCRE to expunge police and court records for individuals whose arrest did not lead to a conviction or who are deemed innocent.
Try this link. It might give him a starting point.
I did an expungement myself, save the money and just ask how to do it at the clerk of the courts office. Hurry though, there is a time limit on how long you are able to petition for an expungement.
Sheriff is correct in what he is saying about expungements. You cannot have a conviction expunged under any circumstance. You also can't have a charge expunged if the court held the charge for you to do some community service or counseling and dismissed it later. If the court finds that there are sufficient facts to find you guilty, then defers a finding of guilt, then it cannot be expunged. If the Commonwealth moves to nolle prosequi, your are found not guilty, or the court dismisses without a finding of facts sufficient, then you are eligible for expungement. Va. Code Ann. 19.2-392.2. Only problem is that you do not need an expungement under those circumstances as those dispositions cannot be used against you for CHP purposes.
There is no form motion for expungement. It must be drafted for your specific situation, so a lawyer is a good idea.