TYPES OF APPEALS

 

In Virginia, the method and court in which you bring your appeal will depend entirely on the court which issued the final decision which is the subject of appeal. Generally speaking, appeals in Virginia go to either a Virginia Circuit Court, the Virginia Court of Appeals or the Virginia Supreme Court. We will go through which court different types of appeals need to go and how to effectuate your appeal in each scenario. 

​

APPEALS TO A VIRGINIA CIRCUIT COURT

​

The first type of appeal​

 

IS EXPUNGEMENT EVEN NECESSARY 

​

Even though your charge was dismissed or nolle prosequi the arrest will stay on your record if not expunged. The expungement process typically clears the arrest and conviction record from public view and ameliorates the negative consequences of a criminal record. There are numerous reasons why expunging your record benefits you in the long run. The primary reasons being: Employer Background Checks, College or University Background Checks, and Approval for Housing. Virginia Code § 19.2-392.4 even forbids employers (including state agencies) from inquiring about expunged charges, and explicitly authorizes applicants to deny the existence of charges which have been expunged.

 

 

THE PROCESS 

​

The process for obtaining an expungement in Virginia is set forth in Virginia Code §19.2-392.2.   It includes the following:

​

1.  Obtaining certified copies of the final disposition of your case.

2.  Filing a Petition for Expungement in the Circuit Court.

3.  Paying a filing fee.

4.  Providing a copy of the petition to the Commonwealth Attorney’s Office.

5.  Obtaining your fingerprint card from a local law enforcement agency.

6.  Sending the fingerprint card and a copy of the Petition for Expungement to the state police so a criminal history records check can be run.

7.  Scheduling a hearing with a Judge in the Circuit Court to determine if the expungement should be granted or denied.

8. A hearing and argument in front of a Judge in the Circuit Court.

​

How We Can Help

 

The expungement process in Virginia is detailed, time-consuming and often stressful. The assistance of counsel can greatly help with the painstaking process. The Pickett Law Group, PLLC is an experienced law firm with two generations of former prosecutors. We have successfully had expungements granted in Fairfax County, Arlington County, Loudoun County, and Prince William County. Contact us today for a free consultation.  

​

​

​