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Expungement
Posted by: Shared Scitless ()
Date: March 04, 2014 09:06PM

Question about having a charge expunged. Here's the scenario: Was given a summons to appear in court for shoplifting (misdemeanor). Go to court, was given an option to do a first time offender program where I plead no contest, do 50 hours community service, and the pending charge is dismissed. I was never arrested, only given a summons. Once the 50 hours are completed and the case is dismissed, does this mean I have to record of being charged since I was never actually arrested or charged? Secondly, if this means I still do have a charge, can it be expunged once it has been dismissed?

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Re: Expungement
Posted by: Stabitha ()
Date: March 04, 2014 09:14PM

You dont have to be "arrested" to have a record.

Did you have a lawyer? Maybe you should ask him/her instead of the not so know-it-alls here.

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Re: Expungement
Posted by: 2007 Mazdaspeed6 ()
Date: March 04, 2014 09:20PM

Do more than the required 50 hours, it will only help your case. If it's your first charge ever, they will probably be nice to you, if you are white, well educated, of wealth and or fame, etc...

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Re: Expungement
Posted by: aaaaaaaaawwwwwwww ()
Date: March 04, 2014 09:20PM

Stabitha Wrote:
-------------------------------------------------------
> You dont have to be "arrested" to have a record.
>
> Did you have a lawyer? Maybe you should ask
> him/her instead of the not so know-it-alls here.


Stabitha is still butthut over the traffic school thread... WAAAAAAAAAAAA WAAAAAAAAAAA, NO TRAFFIC SCHOOL AFTER!!!

ITS BEFORE DUMBSHIT

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Re: Expungement
Posted by: to late to fight it ()
Date: March 04, 2014 11:26PM

You have a record. The summons is considered an arrest. Even if the pending charge is dismissed, you still have an arrest record since you received the summons. Pleading no contest means that there is enough evidence to convict you but you are not fighting it. If the original charge was dismissed, you should be able to get it expunged. But contact a lawyer to do it.

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Re: Expungement
Posted by: OneArrestExpunged ()
Date: March 05, 2014 12:33AM

You don't need a lawyer. The instructions are on the fairfax county website. Google it.

You have to get fingerprints and fill out some forms and pay a little less than a 100 bucks. And then set a court date where if the Commonwealth Attorney doesn't object, your expungement will be granted.

Theres a pdf online with all the instructions.

I did it myself. Wasn't too complicated. Nobody objected at the court date and it was granted to me. I was in and out on my court date in 30 seconds.

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Re: Expungement
Posted by: vhxmV ()
Date: March 05, 2014 01:33AM

Question about expungement: Does that mean that the original charge disappears? Are you restored to the legal status you enjoyed before your arrest? In other words, if you are ever asked -- for a job application, security clearance, background check etc. -- "Have you ever been arrested?," can you answer "No" honestly? Or must you qualify it or explain it? Would the original arrest appear anywhere other than your criminal record? Would it show up on, say, a credit report or some other publicly accessible record?

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Re: Expungement
Posted by: thisisajokeright ()
Date: March 05, 2014 08:52AM

I don't think you can get a charge expunged if you weren't arrested..

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Re: Expungement
Posted by: sadfasdfa ()
Date: March 05, 2014 10:56AM

Here are the FFX rules for expungement for you situation.
1. successfully complete the 50-hour community program or whatever is negotiated or offered to you.

2. maintain a CLEAN record for the next 5 (five) years and then file for expungement. You can do this yourself....attorney not required,.


3. Appear in court for expungement hearing. If the CA does not object, your records will be expunged completely. The only record will be the papers you have so no arrest, summons, court, or other records will be made available to even lawn endorecement agencies such as th FBI, CIA, or other Fed entity as may be requried for a high level security clearance.

yes...this is a second chance to change your life moving forward. Don't screw it up.

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Re: Expungement
Posted by: 6kGhJ ()
Date: March 05, 2014 04:26PM

Here: www.fairfaxcounty.gov/courts/circuit/pdf/ccr-a-35.pdf

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Re: Expungement
Posted by: cWwem ()
Date: March 05, 2014 06:33PM

Question about having a charge expunged. Here's the scenario: Was given a summons to appear in court for shoplifting (misdemeanor).

-----------------------------
yea i still hope you leave town though. unless you swear to work with the town instead of against it, and are a citizens. then never mind.

-----------------------------
in the past expungement did some good. however today there is just chaos. the record will still be htere with just a different marking. maybe

------
problem is due to idiots running the court system it can haunt you.

that sucks because if you were unfairly accused by someone trying to do legal injury: it'd haunt you anyway


legal injury can me more harmful than you first think

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Re: Expungement
Posted by: chips ahoy ya heard ()
Date: March 05, 2014 07:26PM

cWwem Wrote:
-------------------------------------------------------
> Question about having a charge expunged. Here's
> the scenario: Was given a summons to appear in
> court for shoplifting (misdemeanor).
>
> -----------------------------
> yea i still hope you leave town though. unless
> you swear to work with the town instead of against
> it, and are a citizens. then never mind.
>
> -----------------------------
> in the past expungement did some good. however
> today there is just chaos. the record will still
> be htere with just a different marking. maybe
>
> ------
> problem is due to idiots running the court system
> it can haunt you.
>
> that sucks because if you were unfairly accused by
> someone trying to do legal injury: it'd haunt you
> anyway
>
>
> legal injury can me more harmful than you first
> think

Please stop drunk typing in the middle of the day

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Re: Expungement
Posted by: Chop - Chop ()
Date: March 05, 2014 08:04PM

Chop off your right hand to secure your place in line while you wait.

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Re: Expungement
Posted by: MissSpell ()
Date: March 06, 2014 07:01AM

Are you sure you didn't mean to write "Excretement"?

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