No Convictions

[mthomas222]

What is the name of your state? VA

Just a quick question regarding the CJS. How do you answer in an interview/application regarding the question "Have you ever been arrested" if anything that you have ever been arrested for was dismissed or a nol pros. Are arrest records/court records expunged automatically if your case(s) were dismissed, not guilty, etc?

 

[enjay]

No, the records aren't automatically expunged. A search will reveal the arrests. Sometimes nolle prossed will be indicated, other times just the arrest without additional information is listed.

 

[mthomas222]

so then how do you go about getting charges/arrests expunged

 

[JETX]

Va. Code § 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.

If you qualify for VA expungement, you can use the online form located at:
http://www.courts.state.va.us/forms/district/dc363-0502.pdf

For the full statute on expungement in VA,go to:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC19020000023000010000000