Q: Will it be possible to reopen a felony case from 1991 in Fairfax Co for the purpose of reducing it to misdemeanor? Thx
Will a sealed conviction need to be disclosed on an immigration application?
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A:
Not likely; Rule 1:1 of the Rules of the Supreme Court of Virginia states that the conviction and sentencing order in your criminal case has long since been made final.
There is, however, a new law that should come into effect next year that may allow you to petition to have your felony charge sealed. To qualify, your felony must be a Class 5 or 6 felony, or a grand larceny. You would also need to establish that you have (a) never been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (b) not been convicted of a Class 3 or 4 felony within the past 20 years, and (c) not been convicted of any other felony within the past 10 years of your petition. If those all apply, then the conviction may be sealed by the court. Again, this seems to start next year. I would recommend talking to an attorney next year about preparing and filing such a petition.
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