Misdemeanor Lawyer Fairfax, VA Misdemeanor Lawyer Fairfax, VA

If you are facing misdemeanor charges, you should get in touch with a Fairfax, VA misdemeanor lawyer you can trust from May Law, LLP.

What is a misdemeanor expungement?

Occasionally, our Fairfax, Virginia misdemeanor lawyer is asked by a client about misdemeanor expungements and what is involved. Though a misdemeanor conviction is not as serious as a felony, it is still serious and can cause difficulties in the person’s life. For instance, if they are seeking a better job, are applying for a loan, or are entering into a new relationship, the fact is that having a criminal record can be cause for rejection. Though the individual may have indeed been guilty of the charge, it may have happened in their distant past and is no reflection on who they are today. For some, obtaining a misdemeanor expungement with the assistance of a Virginia misdemeanor lawyer is the answer.

What is an expungement?

The laws surrounding expungement vary somewhat from state to state, and how it is applied in a case is partially dependent on the circumstances of the individual. When you meet with a misdemeanor lawyer, Fairfax, VA residents trust, you will learn how Virginia’s laws apply in your case. Expungement is a legal process in which an individual has their criminal record “sealed,” which means making it unavailable to anyone. In essence, the person’s criminal history is erased and it is as if they were never convicted of a particular crime or even arrested. This can be invaluable for a person who wishes to put their criminal past behind them forever. Our Fairfax, VA misdemeanor lawyer can help you pursue this avenue if you were convicted of a misdemeanor and wish to have it removed from your criminal record.

Who can apply for a misdemeanor expungement?

Anyone who has been convicted of a misdemeanor criminal conviction can have their lawyer petition the court to expunge that misdemeanor from their record.

What is the process for obtaining a misdemeanor expungement?

This process is nearly identical to obtaining an expungement for a felony conviction. Your Fairfax, Virginia misdemeanor lawyer from May Law, LLP can explain the process to you beforehand in detail, but here is a general overview:

  1. In most cases, a petition for a misdemeanor expungement cannot be filed by your lawyer until at least five years after your conviction or sentence. In addition, you must complete at least five years of the court ordered probation.  
  2. When your lawyer petitions the court on your behalf, the court will not grant you a misdemeanor expungement unless the following is true:
  • You have not been convicted of any additional misdemeanors since the time of the one for which you wish to have expunged from your record.
  • The misdemeanor was not a sex offense.
  • The misdemeanor was not an offense against a child who was younger than 16.
  • You do not have any pending criminal cases or misdemeanor or felony charges currently against you.
  • You have completed your probation and paid all fines levied against you in association with past convictions.
  • You have completed all court-ordered hours of community service.

To learn more about whether or not petitioning for a misdemeanor expungement is an option for you, call a misdemeanor lawyer Fairfax, VA residents rely on from May Law, LLP now.

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