Radford, VA asked in Criminal Law and Federal Crimes for Virginia

Q: Can a felon have his conviction removed or dismissed from his records without the crime being dismissed in SC.

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2 Lawyer Answers

Susan Fremit

Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: If a person was convicted of a felony outside of VA, the person will need to look at the law of that state to see if the conviction can be removed. If the felony was committed in VA and the the person was ultimately convicted, under current VA law, that felony can never be removed from the person's records.

Steve Miyares

Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: Under Virginia law, a Virginia felony conviction cold not be removed or dismissed. For a conviction from another state, Virginia would not have jurisdiction or authority to dismiss a conviction from that state. If you are seeking to remove a conviction from South Carolina or any other state, you would need to deal with that issue in that state. In your case, you should consult with an attorney licensed in South Carolina to see what options might be available to you under South Carolina law.

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