VA expungement

[clbailey]

How do I go about getting a charge that was dropped or "nolle prossed" expunged in Virginia?

Also, the courts seized my handgun, a Beretta PX4 storm .40. The charge was discharge of a firearm in a public place that I didnt do, and hired an attorney and he got it dropped. Is there any way I can still plea to get the gun back, no clue why they kept it. The prosecutor wanted to have it seized, and the judge agreed but my lawyer argued with them for 15 minutes about it.

Is there any way I can get it back?

 

[Planter]

should be able to go to the court clerks' office, give them the case #, and show them the dismissal paperwork, tell them you want it expunged off your record, you'll most likely have to pay an expungement fee and wait 6-8 to weeks (or more) for it to go through the system.

if the charges were dropped, they should have no legal grounds on which to continue holding your weapon. set an appt with the prosecutor or chief of police (whoever has the gun) and tell them you want to pick up your property, bring your case paperwork with you to show it's been dismissed.

 

[clbailey]

The only paperwork I have for the case is my lawyers letter explaining that it was dropped and that he wants to file to get it expunged, but I don't want to pay him, to do what I can do.

The court gave me no paperwork for the actual dismissal.

 

[svtcop]

The only paperwork I have for the case is my lawyers letter explaining that it was dropped and that he wants to file to get it expunged, but I don't want to pay him, to do what I can do.

The court gave me no paperwork for the actual dismissal.

If you believe your attorney is doing a good job then pay him to do this stuff. If you need svtp advice on how to proceed then there is a good chance you will not be able to do this on your own. If you're dis-satisfied with your attorney (which I find that hard to believe due to him getting your charges dismissed) get a new one.

If the judge ordered your firearm forfeited then you may have the ability to appeal that decision, but I highly doubt it will get you anywhere. You should consult your attorney.

You cannot meet with the police to get your gun back. At this point it must be released by the judge. But as stated before, if the judge ordered the gun forfeited then I wouldn't hold my hopes to high.

side question...where was the gun when it was originally seized by law enforcement?

 

[Planter]

The only paperwork I have for the case is my lawyers letter explaining that it was dropped and that he wants to file to get it expunged, but I don't want to pay him, to do what I can do.

The court gave me no paperwork for the actual dismissal.

your lawyers letter doesn't mean shit.

On Tuesday (or you next day off) you need to go to the court, and go to the clerk's office. Tell them you need paperwork showing the charges were dropped and you want the court to certify the paperwork (scan a copy into your computer, and email it to yourself, so you have a copy!) Then make an inquiry about getting the charges expunged from your record. You will either have to hire an attorney to do it, or you may just have to pay an expungement fee to have the court clerk process it for expungement (just depends on how things are done in your state). When you get your expungement paperwork, make sure you scan a copy in and email it to yourself, that way you have it if you ever need it, because you DON'T want to lose those copies.

 

[FordSVTFan]

OP, please do yourself a favor and do not listen to those from other states trying to tell you how your state will handle things when they have no direct experience there.

This .pdf explains the entire process and what you or your attorney will need to do to get an expungement.

http://lsnv.org/Information_Expungement.pdf

Good luck.

 

[clbailey]

Ill see how much the lawyer wants to charge but the guy is a sleaze ball, just his manure-isms. Cutting me off while I'm talking, even cut the judge off while she was talking too. Staring at my wife's boobs and what not in his office, etc.

 

[Planter]

Ill see how much the lawyer wants to charge but the guy is a sleaze ball, just his manure-isms. Cutting me off while I'm talking, even cut the judge off while she was talking too. Staring at my wife's boobs and what not in his office, etc.

then get a different lawyer. :shrug:

 

[svtcop]

Ill see how much the lawyer wants to charge but the guy is a sleaze ball, just his manure-isms. Cutting me off while I'm talking, even cut the judge off while she was talking too. Staring at my wife's boobs and what not in his office, etc.

Is he the only attorney out there? Sounds like you need a new attorney, or go at it yourself.

And pics of said wife's boobs or it didn't happen. :banana:

 

[clbailey]

 

[svtcop]

:beer::beer: WIN!

no offense, but I can't blame your attorney. :dancenana:

:lol:

 

[RDJ]

if this is what your wife was wearing while in the attorney's office how is HE the sleezeball. While I realize that she can wear whatever she wants, that top just screams "LOOK HERE". if she is gonna wear that kind of shit in public you got no complaints when people look.

 

[TJSwoboda]

C'mon, somehow I doubt she was wearing that in the lawyer's office...

 

[svtcop]

if this is what your wife was wearing while in the attorney's office how is HE the sleezeball. While I realize that she can wear whatever she wants, that top just screams "LOOK HERE". if she is gonna wear that kind of shit in public you got no complaints when people look.

Actually he can complain all he wants...but it doesn't change much. :shrug:

I just hope a pair of boobs didn't distract the attorney from doing his job. Then I could understand. And if so, I hope for his clients' sake that no one in the courtroom has nice boobs.

Can you appeal a conviction based upon your attorney being preoccupied with boobies instead of arguing your case?

 

[joeg215]

if this is what your wife was wearing while in the attorney's office how is HE the sleezeball. While I realize that she can wear whatever she wants, that top just screams "LOOK HERE". if she is gonna wear that kind of shit in public you got no complaints when people look.

I dont think its the top that screams look here :beer:

 

[DaleM]

C'mon, somehow I doubt she was wearing that in the lawyer's office...

Probable wearing less when hubby is not around.
What does it cost to buy a new gun vs. paying a lawyer? What is your time worth? the hours spent getting the gun back and a lawyer may not even be worth the effort. Any particular attachment to the gun?

 

[DaleM]

I dont think its the top that screams look here :beer:

Even the tattooed birds are looking!

 

[clbailey]

You guys seriously think she wore this to a formal meeting? Wrong, its just a pic I had in my phone.

And I can buy another gun, same model. Just want MINE back. And I need the charges expunged for future and current(military) jobs.

 

[RDJ]

You guys seriously think she wore this to a formal meeting? Wrong, its just a pic I had in my phone.

And I can buy another gun, same model. Just want MINE back. And I need the charges expunged for future and current(military) jobs.

well you bitched about your lawyer staring at your wife's boobs, then when asked to post pictures so we could make our own judgement you posted that. so it begs the questions just what was she wearing that drew attention to her pillows? the fact that you posted a pic of them all but hanging out puts the blame on you not us for our assumptions.

 

[dooberGN]

well you bitched about your lawyer staring at your wife's boobs, then when asked to post pictures so we could make our own judgement you posted that. so it begs the questions just what was she wearing that drew attention to her pillows? the fact that you posted a pic of them all but hanging out puts the blame on you not us for our assumptions.

Obviously he is going to post a picture that shows off her tits when a bunch of dudes are requesting to see them for "proof they exist". Doesn't mean she dresses like that everyday moron.