If Sandy Lerner is convicted the only way to have her criminal record expunged is if she was wrongly convicted and was pardoned by the governor.
How Can I Get A Criminal Conviction Expunged?
by J.D. GARRETT on JUNE 23, 2012
In Virginia you may only have a criminal charge expunged if you received a favorable ruling on the charge, or you have received an absolute pardon after being wrongly convicted. A favorable ruling includes matters that have been resolved by nolle prosequi (i.e., the charges were dropped by the prosecutor), the charges against you were dismissed, or you were found not guilty after a trial on the merits. An expungement can be requested by individuals who have been charged with felonies and misdemeanors, including traffic matters such as reckless driving or DUI.
For any criminal conviction, an individual maypetition the Governor of Virginia for a pardonthrough the Secretary of the Commonwealth’s Office. Unless you receive an “absolute pardon” from the Governor, indicating that you were wrongly convicted of the charge, there is no provision under Virginia law to have a criminal conviction expunged. It matters not how minor the offense, such as littering or public intoxication, or how long ago the conviction. Since any criminal conviction may have adverse effects on gaining employment, an education, and credit, you should always consult with a criminal defense attorney before pleading guilty or thinking, “I’ll just pay the fine.”
To initiate an expungement proceeding, you must file a petition in the Circuit Court in the jurisdiction of the charge, even if your case was resolved in General District Court, Traffic Court, or Juvenile & Domestic Relations Court.
On further research...
ReplyDeleteConvicted of a Crime
Your criminal record may be expunged if:
you were charged with a crime but acquitted
the charges against you were dismissed, or “nolle prossed,” or
your name or other identification was used without your consent to commit a crime.
(Virginia Statutes § 19.2-392.2.)
If You Were Convicted of a Crime
Your conviction record may be expunged only if you were convicted of a crime you did not commit and were later granted an absolute pardon. (Virginia Statutes § 19.2-392.2.)
Unless Sandy Lerner appealed a conviction and won she can't get a potential conviction expunged.
It makes sense now why the Commonwealth Attorney Jim Plowman tried to nolle prosequi her charges. She could have gotten them expunged. The judge denied the nolle prosequi. If she's convicted and nothing else is done (no appeals) Sandy can't have her record expunged.
If you get the outcome you are hoping for, what is next for you?
ReplyDeleteA criminal conviction.
DeleteI go to the Dr on March 15 and hope to go back on medication that will open a new world of being able to work full time again. Work, pay off bills, look for full time farm work anywhere in the country.
Sandy will not need to get anything expunged because there will be no conviction, even if she is found guilty. A first time misdemeanor will have adjudication withheld so long as she behaves for a year. And she will appeal otherwise.
ReplyDeleteHope you get back on your meds soon.
Being found guilty is a conviction.
DeleteAdjudicatory hearing is being held on March 16.
I think you are referencing a case being dismissed with or without prejudice.
Are you suggesting I do nothing instead of trying?
Being found guilty is a conviction.
DeleteAdjudicatory hearing is being held on March 16.
I think you are referencing a case being dismissed with or without prejudice.
Are you suggesting I do nothing instead of trying?
This case might be dismissed. She might be found not guilty. Anything's possible. Nobody knows.
DeleteNo, I am not saying do nothing, but this post is wrong, and you are wrong with your understanding of law. A first time misdemeanor will have adjudication withheld so long as she behaves for a year. And she will appeal otherwise. This is a 4d misdemeanor, its not a crime in the way you portray, its like a traffic ticket. Only 1d-3d misdemeanors are actual crimes.
DeleteI suggest you get counsel to explain the concept of "adjudication withheld".
By all means, fight for the pigs. Get them all fat and healthy, so they can get slaughtered for my dinner. And my breakfast, I love bacon.
A misdemeanor offence is a crime. 1, 2, 3, and 4.
DeleteYou don't know what will happen and neither do I.
Here's a listing of crimes and traffic violations. Not sure what state you're referencing but you've got it wrong for VA.
Deletehttps://medvinlaw.com/explanation-of-virginia-laws-and-penalties-for-felony-misdemeanor-and-criminal-traffic-offenses/
Offenses are either felonies or misdemeanors. Such offenses as are punishable with death or confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature.
DeleteThank you so much for posting about this. I had no idea that there was even a way to get this done. It is good to know that I have options. I will be going to the Circuit Court on Monday to start the process and see if I can get any movement. I really appreciate hearing the details here.
ReplyDeleteStephanie Waters @ Chastaine Law
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ReplyDelete