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DUI arrest expungement(VA)

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cool9026

Junior Member
What is the name of your state? Virginia

What happened)
I got arrested for DWI in VA, 09/2006. I got two separate summons from the police officer at the time of arrest, one for DWI and the other for improper brake control(reckless driving charge). At the trial in October, My DWI charge was nolle-prosequied(my BAC was under 0.08) but I was found guilty of the other. I got my license suspended for 5 months and paid the fines.

Now I am worrying about my arrest record and I am wondering if I can get my arrest record expunged in VA. I emailed to a few attorneys in the area and they seem to have different views on my chance of getting expungement. But it looks like I can be eligible only in case the DUI charge was nolle prossed, AND not amended to a lesser charge.

Question)
Given that I got nolled on DUI but found guilty of reckless driving, I am a little bit confused. Both charges are from the same incident, but I am not sure that my improper brake control charge is considered to be arisen from the DWI charge, because it is not like the DWI was amended to RD, but both were there from the first place, and DWI was dropped later while the other stayed.

Is there any one who can give me some opinion about whether I am qualified or not?
Also, what is the reasonable fee to hire a lawyer for expungement? The quote I got ranges from under $500 to over $1,000. I just do want to pick one because it is the cheapest. Many thanks in advance.
 


FlyingRon

Senior Member
The arrest records of the nulle prosed charge can be expunged. The conviction (reckless) can't be. That's the rule in VA. There are scant few ways an adult conviction can ever be made to go away.
 

Bretagne

Member
Probably can't get the reckless expunged because you pled to it. Probably can get the DWI expunged because it was dismissed. Here's what you need to ask yourself:

Why do you want your record expunged? Have you been turned down for a job, for insurance, or for admission to an academic program because you were once charged for DWI? If not, don't worry about it.

Even if you got BOTH charges expunged, which is probably not possible, your reckless charge will still stay on your DMV record and you'll still be in the "system" where another prosecutor in the future can find at least some of the information from these charges.

If I were doing your expungement in my jurisdiction, it would cost you $1,500.

See: http://lsnv.org/Information_Expungement.pdf

Hopefully that's still current, even though it hasn't been updated since 2005. Website hosting that info is a legitamate nonprofit.
 

cool9026

Junior Member
FlyingRon: I am not trying to get my conviction(RD) expunged. In fact, I do not care about having RD. But What I am concerned about is the arrest record from DWI charge(I think that without DWI, I might not have been arrested.) Even if that charge was nolled, the arrest record will still appear and might affect my future job opportunities. So, It sounds like I am qualified to get arrest record expunged based on your opinion.

Bretagne: I have not had any problems in terms of job, insurance and any other things yet. The arrest happened just last year. I am a graduate studnet who will be in job market in 2-3 years, and I hope to get a teaching job in university or some private sector such as think tanks. I am worried about the possibility that having arrest record might jeopardize my employment opportunity in the future, which is a possible consequence if I do not clear my arrest record. Again, I am not trying to get my conviction(RD) cleared. But given that I was not found guilty of DWI(which is a lot more serious crime), I was wondering if I can get just the arrest record sealed. Is it $1,500 in your jurisdiction? I guess I should start saving now...

Thank both of you for valueable comments.
 

Bretagne

Member
I am worried about the possibility that having arrest record might jeopardize my employment opportunity in the future, which is a possible consequence if I do not clear my arrest record... I was wondering if I can get just the arrest record sealed. Is it $1,500 in your jurisdiction? I guess I should start saving now...
Well, in my jurisdiction you couldn't clear the arrest record. The high court has (wrongly, I believe) found that expungement of agency records maintained by the executive and legislative branch pursuant to judicial order is a violation of the separation of powers doctrine. Total BS, but in Minnesota a successful expungement does not seal arrest records.

If I were you, I wouldn't worry about it. You were arrested but not convicted of DWI. You need to answer truthfully on an employment application that you were (1) arrested, (if you weren't just cited; if you were cited then you weren't arrested); and (2) convicted of a crime, and that crime was reckless driving.
 

cool9026

Junior Member
Total BS, but in Minnesota a successful expungement does not seal arrest records.
Does it mean that arrest records will still appear even after I get my expungement done? Then what is the point of paying thousand dollars to clear the record? If what it does is just to erase the fact that I was charged for DWI and the case was dismissed later without cleaning arrest record as well, I would not even try it.
 

FlyingRon

Senior Member
Does it mean that arrest records will still appear even after I get my expungement done? Then what is the point of paying thousand dollars to clear the record? If what it does is just to erase the fact that I was charged for DWI and the case was dismissed later without cleaning arrest record as well, I would not even try it.
Don't listen to Bret. Neither what goes on in Michigan or Minnesnota or wherever he is from matters to you. What matters to you is VIRGINIA law. The records will disappear as far as public (non-government) access are concerned. Those are the ones that you have to worry about. Most of the government checks won't be too concerned with non-convictions. Of course, the other issue is that the "cat is out of the bag." Chances are some non-government agency has already captured your arrest record and is under no obligation to expunge the information just because the state has.
 
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