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View Full Version : Can a class 6 felony be expunged in VA?


JRSwinston
Feb 11, 2010, 12:43 PM
Convicted of 3rd DUI in VA, Class 6 Felony. Is there a chance of getting it expunged?

this8384
Feb 11, 2010, 12:47 PM
Convicted of 3rd DUI in VA, Class 6 Felony. Is there a chance of getting it expunged?

On what grounds?

JRSwinston
Feb 11, 2010, 12:52 PM
On what grounds?

Not sure what you are asking... caught 3 times within 5 years.

this8384
Feb 11, 2010, 12:53 PM
Not sure what you are asking....caught 3 times within 5 years.

You want your 3rd DUI expunged. You need to have valid grounds. You can't just walk into court and say, "Three looks pretty bad; can we knock it back down to two?"

JRSwinston
Feb 11, 2010, 01:08 PM
You want your 3rd DUI expunged. You need to have valid grounds. You can't just walk into court and say, "Three looks pretty bad; can we knock it back down to two?"

I guess what I'm asking is... does the state of Virginia allow you to expunge felonies? I have heard some states don't.

Fr_Chuck
Feb 11, 2010, 01:17 PM
The issue is that to explunge normally this has to be the only criminal offence, not a 3rd. And normally DUI are not allowed even when other crimes are, since not only is it criminal but it always effects DMV issues.

But the only way to even start is with an attorney since it can't happen without one

smoothy
Feb 11, 2010, 05:17 PM
I can't think of a reason they would. They take DUI's, particularly repeated DUI's very seriously in VA... Particularly since prior DUI convictions weigh heavily on the sentencing aspect of the case.