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You are watching: How long does a misdemeanor stay on your record in virginia



being labeled together a criminal dead a the majority of stigma in society. When presented through arrest or conviction information, some civilization rush to judgment without looking in ~ the nature that the violation or how long earlier it to be committed. In Virginia, misdemeanors typically stay on her criminal record and also are make permanently easily accessible to the basic public uneven the document is sealed, or "expunged."

Misdemeanors space criminal offenses punishable by approximately one year in jail in Virginia. This crimes space generally considered less serious than felonies, which can an outcome in significantly more incarceration time -- approximately a life ax in prison. Because that a misdemeanor conviction, you have to be arrested, charged, and also then one of two people plead guilty or "no contest," or prosecuted and found guilty after ~ a trial.

A criminal document is produced the minute you space arrested in Virginia. This document is clearly shows to the general public -- and also includes information about the nature of your offense. If friend are eventually convicted that a crime, this will also be contained in your document -- and you will certainly be forced to report the if a task or school application asks around previous convictions. Having a criminal record deserve to seriously affect your capability to acquire employment or be embraced to college.

Although misdemeanors room generally taken into consideration less significant than felonies, Virginia does not make any distinction between these convictions when it concerns expungement. Expungement is the process of sealing records of arrests or criminal convictions, resulting in the info being do inaccessible come the public. While part states enable individuals with a misdemeanor to request expungement after successful completion of their sentences and also in part cases, a wait period, Virginia legislation is much more stringent. Specifically, you are just eligible because that expungement if you were either pardoned through the governor, or friend were only charged with a crime yet never convicted. Read More: just how to Petition the Court for an Expungement

If your misdemeanor to be pardoned, or you qualify to have your arrest record expunged, girlfriend may paper a created request with the court dubbed a "motion." girlfriend are compelled to provide the court v a brand-new set of fingerprints, and also must offer a copy of your request to the prosecutor"s office. As soon as a judge seals your record, the misdemeanor or arrest info will not show up top top criminal background checks -- and also you can legally state the you were never convicted that a crime if asked.

Wayne cutting board earned his J.D. From pen State University and has been practicing law since 2008. He has actually experience writing about environmental topics, music and also health, and legal issues. Since 2011, cutting board has additionally served as a contributing editor for the "Vermont eco-friendly Monitor."


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