I got involved in an accident about 2 years ago. I hit the person going less then 10mph and there was minimal damage. When we got out to check out the damage the other person said that there is no need for the police and that he will just file a claim. Considering the fact it only left a few scrtaches on my car I agreed and we went our separate ways without exchanging information. Few days later I have 2 police officers show up at my house stating that the person filed a police report since his insurance company required him to do so in order to take care of the damage. All of this was fine until I was given a hit and run charge (misdemeanor 1st class). According to the police since I was the one that originally caused the acccident it was my responsibility to call the police and since I have failed to do so I was issue a court appearance. After trying to explain myself I was found guilty, I have appealed the decision but was still pronounced guilty. I was issued nothing but a $200 fine. I have served in the military and will soon be receiving my bachelors degree in finance. My record is perfect with no other accidents besides a few minor traffic violations and this hit & run charge. What can I do in order to get this charge of my record or so that at least not show on the background check done by a potential employer. I will soon be looking for a better job and would like for thisc harge not to hold me back. How can I go about this? Thank You

How many points?
Its on your DMV record.

Take driver improvement classes

but it sill be on your record for a number of years.

Ok, how long would a misdemeanor charge stay on my record and what happens after it "goes away" after an x years? If it's a reasonable amount of time I can always go for a lower paying entry job or re-enlist in the military on active duty as an officer or a higher enlisted rank.

misdemeanor charges don't go away.

if someone chooses to look that far in your background and has access to the appropriate database, you are screwed. This is not like your dmv record where things stop showing after a certain number of years. arrests only go away when expunged.



Edited 1 time(s). Last edit at 03/05/2008 02:02AM by RESton Peace.

how would I go about getting it expunged?

to do that you take your thumb and put it up your butthole.

Shawn,

I spoke incorrectly above because I thought you said you had been found NOT guilty.

Expungements are only for the innocent, falsely accused, and others who were prosecuted for or accused of but not convicted of a crime. There is a great PDF primer Virginia puts out:

http://lsnv.org/Information_Expungement.pdf

At this point, you would need to seek a pardon.

pardon attorneys are very expensive, I hope you have access to a lot of money and little expectation of receiving one. even in pardons, there is a type that does not expunge the record, and merely forgives you for the crime. this one is the only one I could see you obtaining, and it still seems a bit daunting. a conditional pardon is for those in prison right now, and an absolute pardon is like the Gutenberg bible. Very rare.

I recommend you not sweat it. If you are willing to show the courts docs to future employers, and clearly explain your side of things, most jobs that don't require clearance probably would let it go if all other factors are good. Probably any job involving driving would be out, too, but big loss. All those jobs suck anyway.

Simple Pardons

A simple pardon is granted by the Governor on behalf of the Commonwealth and declares that a person convicted for a crime has been officially forgiven for that crime. (A notation will appear on a person’s criminal record, but a simple pardon will not remove a conviction from the criminal record.)
Requirements

To petition for a simple pardon you must be free of all conditions set by the court for a period of five years; if any felony was involved, you MUST have applied for and been granted a Restoration of Rights before appealing for the pardon. If these conditions have all been met, you must then include the following information in a letter to the Governor:

* full name and any previous names and aliases;
* Social Security number;
* date of birth;
* mailing and street address;
* phone numbers;
* dates, courts, sentences or other dispositions of all misdemeanor and felony convictions;
* a complete statement of details for each conviction; and
* an explanation of why the Governor should grant a pardon.

Please note: This letter serves as your official petition; there is no official form you need to fill out.

You should provide all the relevant information you wish to have considered. Please note that the petition process does not include any hearing, meeting or conference with the petitioner or persons on the petitioner’s behalf. If a petition is denied, another cannot be filed for two years after the date of the denial.

Simple pardon petitions are sent to the Virginia Parole Board. If the Board finds a petition has merit, it will conduct a thorough investigation. These investigations may take as long as a year to complete.
Please direct all questions to:

Patricia Tucker, Director of Extradition and Clemency
Office of the Secretary of the Commonwealth
Post Office Box 2454
Richmond, Virginia 23218-2454
(804) 692-0105



Edited 1 time(s). Last edit at 03/05/2008 02:02AM by RESton Peace.

Reston Peace, thank you so much for posting this information for me. I highly appreciate it. I spoke about this issue with many and most say what you said"not to worry about it and potential employer will most likely understand". While this may be true I guess it's more of a personal moral issue. If I was to apply for a job I would always know that I would be going up against other candidates that have similar or better experience/education and with a clean record. It is just a good feeling to know that nothing is holding you back. Say I was to make a senior manager somewhere and was qualified for a company car, they would always view me as a higher risk. I know that's over thinking it and that may never even happen but most simple applications today will ask whether or not you were ever convicted of a crime and I would have to answer "yes" which can be immediately viewed as disqualification.

From my understanding I would have to wait a period of five years before applying for a pardon. I think I am 6 months shy since this happened in the month of September when I was 18 and I am 23 now. Hopefully if I was to apply for a pardon they would look at it as a "juvenile" mistake, to be honest with you I just didnt know better back then but I haven't had a ticker ever since and have +5 points on my dmv record which I believe is the best one can have

nevermind this post.



Edited 1 time(s). Last edit at 03/05/2008 04:06AM by RESton Peace.