The words "criminal background check required" may cause you to give up on the application for a job or home in Virginia that you need. Although discrimination is illegal, checking public records to discover if someone has arrests or convictions is not, and the employer or landlord may use the information to deny you work or housing. We at the law office of Robert F. Rider PLC are often able to help people with criminal records to file for expungement.
Expungements are different from one jurisdiction to the next. In Virginia, not every record can be expunged, but in the case of dropped charges or a not guilty plea and verdict, you would be eligible. You could also be eligible to have your record expunged if someone else used your identity to commit a crime, or if you received a conviction, but you were pardoned later.
FindLaw explains that after expungement, your criminal record is no longer public. You are no longer under any obligation to include it on an application, even if it says that the information is required.
A judge would be able to view the expunged record, so if you are later charged with another crime, the information on the record could affect that case. Likewise, law enforcement could view the record and possibly use it against you.
Even though you believe you are eligible for an expungement, the judge may not agree, and your petition could be denied. To learn more about the process of clearing a criminal record, please visit our webpage.