How to seal police records?
Whenever a person is arrested, a police record, including the arrest details, details of the crime etc. are created. In Virginia police records are available to the public for searching and examination. In addition, if an individual also has a juvenile record, then that becomes a part of the police records, which is also available for public perusal.
What is the sealing of records?
Sealing of records involves removal of criminal records, such that it is not available for public access. However, the records still exist in the system, and can be retrieved under very special circumstances, and only under the orders of the court.
Sealing of records is different from expungement, which involves removal of records in such a way that there is no proof of the record having ever existed.
What are the advantages of sealing criminal records?
Sealing of records prevents the public from accessing these records, which means that background checks can now come out clean. A clean background check can help with gaining employment or housing easily, and in general, allows for a better life without the social stigma attached to a person who has a criminal record.
What are the kinds of Virginia Police Records that can be sealed?
In Virginia, it is possible to seal the records of crimes when one of these conditions is satisfied —
1.There was an arrest but there were no charges pressed.
2.There were charges pressed, but the individual was not convicted.
3.The case against the individual was dismissed.
4.The individual was pardoned because of an unjust conviction.
How to apply for sealing of records in Virginia?
To apply for sealing of records, a person must first check the eligibility criteria for sealing of records and must determine if the person fulfills those criteria.
The individual’s fingerprints must be obtained from the law enforcement agency. A petition for sealing of records must then be submitted to the district court where the legal proceedings for the case took place. A copy of the petition must be served to the law enforcement agency from where the fingerprints were obtained.
A copy of the petition must also be filed with the attorney that represents the state of VA in the city where the petition is submitted. The attorney has 21 days to respond to the petition, within which the individual will receive an intimation about the hearing that will decide the outcome of the petition.
What happens if the petition is accepted?
If the petition is accepted, the records are removed from the public domain and they become inaccessible to the public. These records will not be available on searching on the government or private search platforms. It can take anywhere between 2–6 months for the record to be sealed from the time the petition is submitted.