Top Rated Fairfax County VA Expungement Lawyer • 1500+ Reviews
An expungement is the legal process that erases or seals the records of a criminal offense from police and court records. If you have been arrested or charged with a criminal offense in Fairfax, but were not convicted, then you may be eligible to petition the Circuit Court to have the police and court records of your case sealed. The existence of a criminal record may create a manifest injustice and can negatively affect your career and future. NOTE: For purposes of expungement, a Fairfax conviction includes cases where the evidence was found to be sufficient for a finding of guilt even if not convicted except in cases where Va. Code §19.2-298.02 (D) applies.
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Experienced Fairfax VA Lawyers for Expungement of Criminal Record
Riley & Wells Attorneys-At-Law is a prominent Fairfax County VA law firm with over 60 years of combined legal experience. Our lawyers are successful with Petitions for Expungement of criminal records in the Fairfax Circuit Court. We are recognized as a “Best Law Firm” by U.S. News & World Report. The criminal records to be expunged from police and court files may include a felony arrest or a misdemeanor charge. We have a long track record of success with convincing Fairfax County Circuit Court Judges to grant our Petitions for Expungement. Our firm has been positively reviewed more than any other law firm that represents clients in Fairfax County.
Most Rated Fairfax VA Expungement Lawyer Review
Petition for Expungement Attorney Fairfax County VA Circuit Court Lawyer
A Petition for Expungement to erase or seal a Fairfax VA criminal arrest or charge from police and court records is filed in the Fairfax County Circuit Court. The mere filing of a Petition for Expungement does not automatically mean that the petition will be granted and that the criminal record of your case will be erased. Retain the best Fairfax County VA Expungement Attorney for your case because the Fairfax Commonwealth Attorney as respondent for the Commonwealth can object to the Petition. Such an objection does not mean you will lose. Ultimately it is up to the Judge on whether the Petition to Expunge is granted and the police and court records are sealed.
Free Fairfax VA Consultation with Top Rated Expungement Lawyers
The biggest issue with representing yourself in a Fairfax County expungement case is lack of experience. Expungement cases are adversarial in nature and most folks in this situation lack experience on how to handle their case before the Fairfax Courts. Our top rated Fairfax VA expungement lawyers know the best tactics for obtaining the best results. Our lawyers spend hours in the Fairfax County VA Courts every week and are familiar with the habits of the different judges and Commonwealth Attorneys that handle theses cases. This local knowledge is invaluable when petitioning the Fairfax Courts to have a court or police record sealed.
Fairfax Criminal Convictions Can Be Sealed Effective July 2025
Effective July 1, 2025, certain Fairfax County “convictions” can be now be sealed. The sealing of a criminal conviction is a big step in criminal justice reform. The law allows for many Fairfax misdemeanor and felony convictions to be sealed. Some convictions will be automatically sealed. Most cases will require a petition to be filed and presented to the Fairfax Circuit Court Judge. Sealed Fairfax convictions will no longer be visible to employers, landlords, and others who conduct background checks. This can improve opportunities for employment, housing, and other areas of life. Sealed Fairfax records are still accessible in limited circumstances, such as for background checks for firearm purchases or when hiring for police departments and government agencies.
Expungement & Sealing Fairfax Criminal Record Cases Are Adversarial
If you have been petitioning to have the police and court records of your Fairfax criminal case expunged or sealed, then your case will eventually be set before the Fairfax Circuit Court. These cases are adversarial by design. This involves a structured and formalized dispute between the petitioner and the respondent. The respondent is the Fairfax Commonwealth Attorney. The adversarial system is designed to ensure a fair process subject to the rules of law and evidence by allowing each side to present their case and to be able to challenge the other’s arguments and evidence. The Fairfax Circuit Court Judge ultimately evaluates the evidence & arguments and makes a ruling.
Fairfax VA Expungement Attorneys Recognized by Super Lawyers
Super Lawyers is a lawyer rating service of outstanding attorneys from more than 70 practice areas including expungement cases who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top lawyers nationwide across a variety of practice areas and firm sizes. Our Fairfax County VA expungement lawyers have been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a top rated Fairfax VA expungement attorney who has been recognized with this elite award.
Seal Fairfax VA Criminal Records for Privacy and Professional Reasons
We understand that the police and court records of your Fairfax County VA criminal case includes sensitive information. That sensitive information may still be visible in Fairfax court and police records even if the case was dismissed. Many clients elect to seal the police and courts records of their Fairfax criminal cases if they have the opportunity. Do not lose an educational or professional opportunity – if possible – because of a Fairfax criminal charge that did not result in a conviction. Virginia law prohibits an employer or educational institution from requiring an applicant to disclose information concerning a criminal charge that has been expunged. Contact a Fairfax County VA Expungement Lawyer for help with your case.
Deferred Fairfax Criminal Case Dismissals & Expungement Eligibility
In some instances, the Fairfax trial court will defer proceedings in a criminal case for final disposition. In 2020, the law changed and now allows for expungement eligibility when, upon agreement of all parties, a Fairfax County charge that is dismissed pursuant to Va. Code § 19.2-298.02 (D), including an original Fairfax charge that was reduced or a charge that is dismissed after a plea or stipulation of the facts that would justify a finding of guilt, may be considered as “otherwise dismissed” for purposes of expungement of Fairfax County police and court records in accordance with Va. Code § 19.2-392.2, when such agreement of all parties indicates such expungement eligibility in the Fairfax Court’s final disposition order.
Legal Elite Fairfax Expungement Attorney Recognized by VA Business
The Virginia Business publication is dedicated to covering the Fairfax County legal community including expungement attorneys. Since 2000, VA Business, in cooperation with the Bar Association, annually recognizes the top lawyers with its Legal Elite award. There are over 23,000 legal practitioners in Virginia. Legal Elite recognitions are awarded to approximately 1400 attorneys each year. This is an exclusive list of top rated individuals who have been recognized by their peers for excellence. Only outstanding and experienced professionals are recognized for being Legal Elite. A practitioner cannot purchase their way in to being recognized as a member of the Legal Elite community. Contact our top rated Fairfax VA expungement lawyers about your case.
Fairfax Expungement Attorney Explains “Otherwise Dismissed”
There are three case outcomes that are eligible for expungement in Fairfax County: acquittal, nolle prosequi and “otherwise dismissed”. The legal definitions of acquittal and nolle prosequi are clear, but the phrase “otherwise dismissed” is not defined in the expungement statute and has been debated for decades. The courts have ruled that “otherwise dismissed” includes Fairfax charges dismissed without any finding that the evidence was sufficient to establish guilt. The courts have also held that “otherwise dismissed” does not include Fairfax charges dismissed after completion of a first offender program, charges concluded in a plea of nolo contendere, and Fairfax charges dismissed following a defendant being found not guilty by reason of insanity.
Superb Avvo Rated Fairfax County Expungement Attorneys
The Avvo Lawyer Rating can help you find the right Fairfax County expungement lawyer to help you expunge a Fairfax criminal record or seal certain Fairfax convictions starting in July 2025. Avvo is a legal directory that rates legal professionals using a mathematical model on a scale of 1 (Extreme Caution) to 10 (Superb). Our Fairfax Virginia expungement attorneys maintain a 10.0 Superb Avvo rating. Avvo collects relevant information from state bar associations, other organizations that license Virginia lawyers, legal professionals and thousands of consumers to calculate its rating. The same set of standards are used for every lawyer that is evaluated. The Avvo rating is merit based. You cannot pay a fee to improve your Avvo rating.
Fairfax Expungement Lawyer Sealing a Criminal Record Granted by Judge
In this case, our client was accused of soliciting a prostitute. The client’s criminal case was filed with the Fairfax General District Court. We convinced the District Court Judge to enter an order that dropped the case. We then Fairfax County VA Petition for Expungement in the Circuit Court. The presiding Judge was convinced by our petition, granted it, and ordered the police and court records of our client’s case to be expunged or sealed. NOTE: Private background check companies may possess records related to cases that have now been expunged. Contact them directly for removal of the expunged records.
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12/1/2024