Introduction

Expungement is a legal process that allows individuals to remove certain criminal charges or convictions from their criminal record, providing them with a fresh start. For those seeking a brighter future, Fairfax expungement lawyer, Virginia, can be a crucial step toward improving employment prospects, housing opportunities, and overall quality of life. However, the process is complex, and individuals must be cautious to avoid common mistakes that can derail their efforts. Understanding the expungement process and knowing what pitfalls to avoid can increase the likelihood of success. In this article, we will explore the common mistakes individuals should avoid when seeking expungement in Fairfax and how to navigate the process more effectively.

1. Failing to Meet Eligibility Requirements

One of the most common mistakes individuals make when applying for expungement in Fairfax is failing to meet the eligibility requirements. Expungement is not available for all criminal convictions, and not all offenses are eligible for removal from a criminal record. For instance, in Virginia, only certain misdemeanor charges or charges that were dismissed or resulted in an acquittal can be expunged. Felony convictions, particularly those involving violent crimes or sexual offenses, are generally not eligible for expungement.

Before applying, individuals should carefully review the eligibility requirements under Virginia law. In some cases, a person may need to wait a specific amount of time after completing their sentence before they are eligible. For example, a person may need to wait a minimum of 10 years after the completion of their sentence for a felony conviction to be eligible for expungement. Failing to meet these criteria can result in the rejection of the expungement application.

2. Not Fully Understanding the Impact of Expungement

Another mistake individuals often make is not fully understanding what expungement will and will not do. Expungement in Virginia essentially removes the criminal charge or conviction from public view, meaning it will not appear on most background checks conducted by employers, landlords, or other entities. 

Additionally, while expungement can improve a person’s chances of finding employment or housing, it is important to note that some employers or institutions, especially those that require security clearance, may still be able to access criminal records even after expungement. Individuals should be cautious about assuming that expungement will completely eliminate all barriers to success.

3. Not Filing the Expungement Petition Correctly

The expungement process involves filing a petition with the appropriate court, and failure to follow the correct procedure can lead to delays or denials. In Fairfax, individuals must submit the proper paperwork, including a petition for expungement, along with supporting documents that demonstrate eligibility. The petition must be filed in the court where the original case was heard.

One common mistake is failing to provide the correct documentation or omitting important details. It is essential to include all necessary case information, such as case numbers, dates of the offense, and the final disposition of the case. Incomplete or inaccurate petitions can result in delays or the outright rejection of the request.

Additionally, individuals must ensure that they submit the correct filing fees. If the required fees are not paid, the expungement petition may be dismissed. Individuals should carefully review all instructions and seek legal assistance if they are unsure about any aspect of the process.

4. Ignoring the Opposition from Prosecutors or Victims

In Virginia, prosecutors or the alleged victims of a crime may oppose the expungement of a criminal record. In some cases, the Commonwealth’s Attorney may argue that the expungement should not be granted, especially if the crime was serious or the applicant has a history of criminal behavior. Likewise, in cases where the crime involved a victim, the victim may oppose the expungement.

Some individuals mistakenly assume that expungement is a straightforward process, only to find out that their request is opposed by the prosecution or the victim. It is crucial to understand that an expungement request is not automatically granted, even if the applicant meets the basic eligibility requirements.

5. Applying for Expungement Too Early

An additional typical error is to submit an expungement application too soon. In Virginia, the law requires individuals to wait a specified period before they can apply for expungement after completing their sentence. For example, individuals convicted of a misdemeanor must typically wait at least five years before they can file for expungement, while those convicted of a felony may need to wait up to 10 years. If an individual applies too early, the court will likely dismiss the petition outright.

It is important to ensure that the waiting period has passed before initiating the expungement process. This period allows the court to assess the applicant’s behavior and whether they have shown evidence of rehabilitation.

6. Not Seeking Legal Assistance

Navigating the expungement process can be complicated, and many individuals make the mistake of attempting to file their petition without legal assistance. While it is possible to handle the expungement process without a lawyer, seeking legal help can significantly increase the chances of success. An experienced Fairfax expungement lawyer can assess the applicant’s eligibility, help gather the necessary documentation, ensure that all procedures are followed correctly, and represent the individual in court if needed.

Conclusion

Seeking expungement in Fairfax, Virginia, can be a valuable opportunity for individuals seeking a fresh start, but it is essential to avoid common mistakes that could jeopardize the process. Failing to meet eligibility requirements, misunderstanding the impact of expungement, incorrectly filing the petition, ignoring opposition, applying too early, and neglecting to seek legal assistance are all errors that can lead to delays or denials. By carefully following the correct procedures, understanding the scope of expungement, and seeking the help of an experienced expungement lawyer, individuals can improve their chances of successfully clearing their criminal record and moving forward with their lives.