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The Wilson Law Firm

Can My Reckless Driving Conviction Be Expunged?

Can Your Reckless Driving Charges Be Expunged?You have been arrested for reckless driving. You can’t go back and change the circumstances that led to your arrest, but you are wondering how long this nightmare has to stay on your permanent record and when your life may finally get back to normal.

A Criminal Conviction Is a Big Deal

A criminal conviction for reckless driving will be reported to the Virginia Criminal Information Network and the National Crime Information Network. Employers, schools, and others may be able to access this information and confirm that you have a criminal conviction. This could impact your ability to get a job, security clearance, or to serve in the military.

You Have a Limited Right to Have Your Reckless Driving Record Expunged

All public records of your arrest and conviction will be removed if your criminal record is expunged. The public—including employers—will not be able to access any information about your reckless driving arrest or conviction. It will be as if the incident had never happened.

However, it is difficult to have a criminal record expunged in the Commonwealth of Virginia. In order to have your reckless driving record expunged, one of the following three things must be true:

  • You must have been acquitted. If your reckless driving charges are acquitted by the court then your record may be expunged.

  • The prosecutor may have decided not to prosecute you after your arrest. This is formally known as nolle prosequi. The prosecutor will ask the judge to dismiss the charges against you.

  • You never entered a plea. If you never entered a plea in your case, then it is possible that your case may be expunged in the future.

Remember, only one of these three things is necessary to seek an expungement.

Protecting Your Rights After a Reckless Driving Charge

Since your right to an expungement is limited, it is important to start protecting your rights as soon as you are arrested for reckless driving. You can do that by contacting our experienced reckless driving lawyers for a free, no-obligation consultation. We will make sure that your rights are protected during each stage of your case—until your case is resolved.

 

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