I wanted to get your opinion on this issue. 22 years ago as a 15 /16 yr old in 1990, a felony shoplifting conviction which was NOT reported to CCRE nor any photos taken as a juvenile. In court, the attorney advised that if ever asked if been convicted of a felony you say always say "no". The judge even made a comment in court for this not to harm him getting into any occupation or school and made a comment about it not going on his record. 6 months probation and community service completed. I called after turning 18 and the clerk told me it would be expunged by 19. I called when I turned 21 and they said, it would be expunged at age 27. I called when I turned 29 and they said it had been expunged. I've worked in law enforcement with no problems and it has never been on my criminal record. However, by complete accident it was discovered it was still in the JDR computer system 5 years ago.....which means it hasn't been destroyed. I was shocked. Now, I work with the clerk in a round about way and I am scared to get her to take care of this for sheer embarassment. I checked with the JDR Team in the head office recently and they said to contact the clerk of that court and look at the file to validate the expungement. I have not done this yet because I work closely in this area....I know they can't dissemenate the info to other folks, but I dont want the embarassment.
I've been referred to code section 16.1-306, which deals with the expungement of records for juveniles and it continues to point out the retention of juvenile felony records. Of course that is what the code says today..not in 1990 when the adjudication occurred.
If that is the case, why did the judge and attorney make those comments about always saying no?
As of 5 years ago, these records still existed because the Clerk told me they did. What needs to be done to get this removed....shouldn't there be a note in the file from the Judge/Attorney and then they can expunge?
In other words, when the Clerk is approached and if they are still showing this, what recourse does one have to have this record destroyed as it was intended?
What was the law in 1990 about this, even after Judges comments?
We had always thought it had been destroyed. No difficulties at all obtaining criminal justice employment. This is just for peace of mind. I called the clerk of that J&D court 5 years and they said because it was a felony it had to stay on record. That was five years ago. It may have been destroyed since then, but for peace of mind....what does one do if it is still there when it is not supposed to be? look at the file? contact Virginia ACLU??
Any help will be greatly appreciated!!
I've been referred to code section 16.1-306, which deals with the expungement of records for juveniles and it continues to point out the retention of juvenile felony records. Of course that is what the code says today..not in 1990 when the adjudication occurred.
If that is the case, why did the judge and attorney make those comments about always saying no?
As of 5 years ago, these records still existed because the Clerk told me they did. What needs to be done to get this removed....shouldn't there be a note in the file from the Judge/Attorney and then they can expunge?
In other words, when the Clerk is approached and if they are still showing this, what recourse does one have to have this record destroyed as it was intended?
What was the law in 1990 about this, even after Judges comments?
We had always thought it had been destroyed. No difficulties at all obtaining criminal justice employment. This is just for peace of mind. I called the clerk of that J&D court 5 years and they said because it was a felony it had to stay on record. That was five years ago. It may have been destroyed since then, but for peace of mind....what does one do if it is still there when it is not supposed to be? look at the file? contact Virginia ACLU??
Any help will be greatly appreciated!!