Expungement Question

[LadyMac]

What is the name of your state (only U.S. law)? Virginia

Background: The Virginia Employment Commission issued a criminal summons against me, alleging I failed to file my first quarter unemployment taxes (roughly $80). The summons was received by my local court but not served upon me. (This is not in dispute). Despite that, the prosecutor requested and the court issued a capias that resulted in my arrest. The capias was subsequently dismissed (and I was acquitted of the underlying charge) and I have filed expungement paperwork for the contempt of court citation/capias.

Virginia law requires a showing of 'manifest injustice' but I haven't found any cases defining what constitutes 'manifest injustice'. The fact that I am a lawyer is probably sufficient, but is there anything else I need to show? I have all the paperwork showing I was not served.

 

[HighwayMan]

The fact that I am a lawyer is probably sufficient, but is there anything else I need to show?

Really? You're saying the simple fact that you are an attorney makes the situation a "manifest injustice"? How do you figure that?

 

[FlyingRon]

Really? You're saying the simple fact that you are an attorney makes the situation a "manifest injustice"? How do you figure that?

Actually all it takes is a finding of factual innocence. Get a lawyer, this should be an easy argument.

 

[LadyMac]

Manifest Injustice

Really? You're saying the simple fact that you are an attorney makes the situation a "manifest injustice"? How do you figure that?

Anytime you potentially compromise someone's livelihood in an effort to clear your docket... yes, it does. I make my living off my reputation to the public. If someone were to search my name in the court records and find I was held in contempt of court, that could impact my business.

 

[dave33]

Anytime you potentially compromise someone's livelihood in an effort to clear your docket... yes, it does. I make my living off my reputation to the public. If someone were to search my name in the court records and find I was held in contempt of court, that could impact my business.

If that worked for you it would work for everyone. The fact it was dismissed is the key. This should be an easy win. Just show up with the dismissal paperwork.

 

[dave33]

What is the name of your state (only U.S. law)? Virginia

Background: The Virginia Employment Commission issued a criminal summons against me, alleging I failed to file my first quarter unemployment taxes (roughly $80). The summons was received by my local court but not served upon me. (This is not in dispute). Despite that, the prosecutor requested and the court issued a capias that resulted in my arrest. The capias was subsequently dismissed (and I was acquitted of the underlying charge) and I have filed expungement paperwork for the contempt of court citation/capias.

Virginia law requires a showing of 'manifest injustice' but I haven't found any cases defining what constitutes 'manifest injustice'. The fact that I am a lawyer is probably sufficient, but is there anything else I need to show? I have all the paperwork showing I was not served.

Also, are you sure you have to show cause erasing a dismissal from your record? It does not make sense that you would also have to send a copy of the motion to the state who dismissed the charge. In some states (mine) it is just a matter of an administrative charge.

 

[HighwayMan]

Interesting... an attorney has to come HERE for legal advice.

Hmmm.

 

[LadyMac]

Expungement

Interesting... an attorney has to come HERE for legal advice.

Hmmm.

I'm not a criminal lawyer.