Lead Counsel independently verifies Expungement attorneys in Fairfax by conferring with Virginia bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.
Expungement is the process to clear a criminal record, such as arrests, investigations and convictions, from public view so prospective employers, landlords, insurance companies, and others conducting background checks will not see it. Expungment is particularly desirable to clear offenses committed as a juvenile, however, law enforcement will still see the criminal record.
If you meet certain eligibility requirements, you may file an expungment petition with the court. It is in your interest to consult a Fairfax expungement attorney to complete the petition and represent you when the court considers the petition.
Taking the next step forward to clean up your past record and work toward a brighter future should start with consulting with an experienced expungement attorney. Finding the right fit for your case may seem like a daunting task but there are a number of attorneys in your area ready to help advocate on behalf of clients just like you. The LawInfo directory can help you find verified expungement lawyers in Fairfax.
The total cost for an expungement can vary case by case. Depending on your state and records you wish to have expunged, the process could be as little as a few hundred dollars and go up to thousands of dollars. Most states have a specific fee that must be paid when initially applying for expungement. You may need to request court records or complete other court filings, which may come with additional fees determined by the jurisdiction. That being said, some states offer waivers to those with financial hardship to offset the costs associated with expungement. Sometimes you may need to have the records expunged from multiple state agencies, which may add more fees as well. Or you may need to pay fees to have driving or professional licenses reinstated. Another important expense to consider when applying for an expungement is attorney fees.
Sometimes having a record expunged is referred to as “setting aside a conviction.” An expungement generally erases or hides your criminal record under most circumstances. This hides the arrest or conviction from public records and generally out of view from any background searches. Once the record is expunged, you typically do not need to disclose it. This makes it easier for many when applying for a new job, school, or apartment. However, it is not completely erased, as certain government agencies entities such as law enforcement or criminal courts may be able to see previous arrests or convictions and it may exist on other platforms that had it prior to the expungement. Even an expunged record may affect sentencing in future legal proceedings or lead to immigration issues.
Eligibility for expungement is not only dictated by the laws in your state, but by the type of criminal offense as well. Typically, state law outlines the amount of time that must pass before you are eligible for expungement for your specific offense. However, the severity of your offense, whether you were convicted, and your criminal history in general may push back your eligibility date. A criminal defense attorney in Fairfax can serve as a knowledgeable resource to help you determine when you are eligible as well as assisting you with preparing for the process in a timely manner.
Oftentimes, the expungement process begins by serving, or delivering, an application or petition to the prosecutor’s office. Some states require the prosecutor to sign off on the application before the court will even consider expunging an offense from your record. Other states may need you or your attorney to file an Order of Expungement with the court for review and signature by a judge. With your application or order, you likely need to include court records or other documentation regarding your original conviction for the court to review. For less serious offenses, your process may end here and your expungement may be granted. If your petition is denied, you have a criminal history, or you are dealing with a more serious offense, you may need to go to a court hearing for the judge to make a determination or the court may request you provide additional documentation.
The length of time it takes to have a record expunged turns not only on the laws in Virginia, but a number of other factors as well. In most jurisdictions that allow expungement, the type of record you wish to have expunged dictates the necessary period of time that must pass before you may even apply. Once you are eligible, Virginia has its own specific process and required filings to initiate the process. There may be delays in the process if Virginia requires the prosecutor to sign off on the expungement, or if your records need to be expunged from other state agencies as well such as the Department of Motor Vehicles. Applying for an expungement process tends to be a very “hurry-up-and-wait” process, so it’s good to get a jump start on the process as soon as you become eligible.
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.