Richmond, VA asked in Criminal Law and Juvenile Law for Virginia

Q: When convicted of a violent felony as a minor, how do you go about expunging your records? Is it automatic? (Virginia)

We are in virginia. my partner was convicted of a violent felony as a minor (he was 17 at the time). he just turned 21 this year, so we were curious if he would need to petition the courts to have the records sealed/expunged… or if this is something the state will do automatically?

some other info: he did serve some time in jail, as he turned 18 while incarcerated. about 3 ish months.

I read somewhere that expungements were done when the person turned 21, and others say 5 years after the offense. which is accurate? Thank you!!

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1 Lawyer Answer
Susan Fremit
Susan Fremit
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: A felony conviction in VA cannot be expunged. When a juvenile is convicted of a violent felony, under current law, it is never sealed, unlike the usual process for juvenile records.

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