Can You Expunge DUI in Virginia?

Maybe. Three primary expungement avenues are available, as outlined below. Expungement is the criminal records equivalent of a delete key. wiping out all law enforcement, judicial, and other records related to a criminal conviction. Record sealing is like White-Out (if you’re under fifty and you don’t know what that is you can Google it). Sealing makes criminal records invisible for most purposes. However, a few government agencies, primarily law enforcement and licensing agencies, can see through the White-Out.

Minimizing the effects of a criminal conviction is a top priority for many people. Some individuals cannot afford to have any blemishes on their permanent records. In these situations, a Leesburg criminal defense lawyer generally adjusts the case strategy. Don’t get us wrong. A good criminal defense lawyer never lays back. But if a pristine record is at the top of the wish list, a Leesburg DUI expungement lawyer must be much more aggressive. This approach is more expensive and time-consuming but, in most cases, the investments pay off.

Dismissal

This expungement option is rarely available. Many jurisdictions have no-dismissal DUI policies.  Many prosecutors won’t dismiss DUIs or offer pleas to lesser included offenses under any circumstances.

Furthermore, the dismissal must be for cause, such as a lack of evidence or misidentification of the defendant. Prosecutorial discretion dismissals usually don’t count.

To achieve such a dismissal, a Leesburg criminal defense lawyer must usually amass so much evidence that prosecutors would face malicious prosecution charges if they went forward with the case.

Using procedural defenses to whittle the available evidence down to nothing may work as well. Common procedural defenses include violations of the Fifth Amendment right-to-remain-silent and Fourth Amendment search and seizure violations.

Not Guilty Verdict

During the pretrial process, evidence, or the lack thereof, is all that matters. At trial, the defendant’s sympathy, or lack thereof, often matters more than evidence. If jurors are sympathetic and they have something to “hang their hat on,” they often find defendants not guilty, even if the evidence points to a different verdict.

The nerd defense is often effective. Statistically, jurors are less likely to convict individuals who wear eyeglasses. A 2004 nationwide survey of over 3,000 individuals revealed that individuals, whether they wear eyeglasses or not, tend to perceive those who wear eyeglasses as smart (40 percent) and sophisticated (39 percent). Smart and sophisticated people don’t fit the classic profile of a reckless, beer-swilling DUI defendant.

We mentioned strategic changes above. Because not-guilty verdicts, as well as appellate court reversals, are expungable, an all-or-nothing trial strategy, which is usually a bad idea, may be appropriate.

Executive Pardon

A successful executive pardon application is usually built on a foundation of an old conviction, a unique hardship, a spotless post-conviction record, and political symmetry.

Usually, the governor will consider a pardon application if the defendant finished his/her sentence at least ten years prior. The longer, the better. The unique hardship must be just that – genuine. A truck driver who can’t afford insurance because of a previous DUI conviction is a good example.

When we say spotless, we mean spotless. Anything more than a traffic ticket torpedoes the deal, and a traffic ticket might have that effect, especially in DUI cases. Finally, and perhaps most obviously, the defendant’s pardon request must jive with the governor’s political agenda.

As a rule of thumb, governors consider about one in ten pardon applications. They grant about 10 percent of the ones they review.

Work With a Thorough Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely manage matters throughout Virginia.

Source:

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