If I was convicted of a solicitation of prostitution charge, when can I have it removed from my criminal background?

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If I was convicted of a solicitation of prostitution charge, when can I have it removed from my criminal background?

Asked on March 11, 2011 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The requirements for expungement of a criminal record differ from state to state.  Some state laws are broad in their allowances and some states are not.  Virginia's law seems to be very specific in the who and what with regard to the matter and obtaining expungement may require additional work on your part.  Here is why:

"An Expungement is an action used to delete all police and court records pertaining to a criminal case when any of the following has occurred: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual’s name used in error. When a record is expunged, the record is not destroyed but removed from public access and sealed. (Note: Once the record is expunged it can only be accessed by Court Order.) "

I have bolded the language that deals with the who may obtain expungement.  If your case does not fit in to this list then you may be out of luck.  Consult with an attorney in your area.  Good luck.


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