DUI in Virginia back in 1999

[myequation78]

I'm sorry if this has been answered, I'm sure it has.
But my eyes are starting to hurt from the long search.

Today I decided to do a basic criminal background search on myself.
I wanted to see what was there.

About 10 years ago I was convicted of a DUI in Virginia.
I was under the false impression that these charges would be removed after 7 years..
Why did I think that?? I don't know.

Anyway it's there,
So what can I do with Expungement?
Can I do it myself?
I really don't have the money to hire someone.

[RedemptionMan]

Originally Posted by myequation78

I'm sorry if this has been answered, I'm sure it has.
But my eyes are starting to hurt from the long search.

Today I decided to do a basic criminal background search on myself.
I wanted to see what was there.

About 10 years ago I was convicted of a DUI in Virginia.
I was under the false impression that these charges would be removed after 7 years..
Why did I think that?? I don't know.

Anyway it's there,
So what can I do with Expungement?
Can I do it myself?
I really don't have the money to hire someone.

here is the code for Virginia
Quoting Code of Virginia § 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime and

1. Is acquitted, or

2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, or

3. Is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section.

C. The petition with a copy of the warrant or indictment if reasonably available shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed and shall contain, except where not reasonably available, the date of arrest and the name of the arresting agency. Where this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the specific criminal charge to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner's date of birth, and the full name used by the petitioner at the time of arrest.

D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition within twenty-one days after it is served on him.

E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner.

F. After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.

G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.

H. Notwithstanding any other provision of this section, when the charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge. Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection I hereof.

I. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.

J. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth.


also 3 third party background checks say they adhere to a 7 year reporting rule but this does not apply to criminal convictions. They can and will report it past 7 years.

[myequation78]

Thanks for the reply.
I understand some of that,

But in simple terms what would be the first step for me?
Would I call the police department in that county? or court house?
Where is the form?

Sorry I'm a PC Technician not a lawyer.
but I wish I was presently

[RedemptionMan]

Originally Posted by myequation78

Thanks for the reply.
I understand some of that,

But in simple terms what would be the first step for me?
Would I call the police department in that county? or court house?
Where is the form?

Sorry I'm a PC Technician not a lawyer.
but I wish I was presently

I would hire a lawyer from the county in the state in which the offense occurred. One who knows the DA or the people involved in the case. I mean you do not try and complete a major surgical procedure on yourself so why are you trying to do something like this by yourself?

Misdemeanors usually cost around 300-500 bucks to get expunged and plus he/ she (lawyer) will usually let you know how good your chances are before they take money from you. The bottom line is you could pay 150-200 bucks to have some online company file the forms or if you do it yourself, but the chances of it actually getting signed by the judge are LOW.

Good luck with it....

RM

[myequation78]

Thats not a bad fee to be honest for some reason I thought it would be much more.

For me the biggest issue is having to go back to that county for court. Which would cost more than the lawyer. I assume thats what I have to do.



Could be worse I guess,

Thanks for your help.