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  • Question on a Va charge (to the point)

    I was walking to a party near VCU and got caught with a cheap beer. The Richmond police officer gave me a summons to appear for underage possession of alcohol. I appeared in court and plead guilty, since I was. So I was convicted. This occured 8 years ago, and I have not had any more touches with the law. I am currently within the process with MPD and my B/I wants me to get this charge expunged. I talked to two lawyers in VA, and they informed me that I could not get the charge expunged because I pled guilty to the charge, and was convicted. Ok? Is any one familiar with this statute? I was told that I could petition the commonwealth to have the charged removed, which I will do. Everything that I am telling you all is in my application, and background paper work. If all fails my B/I wants a copy of this staute. I am not a lawyer, and I know no one here is but, has anyone ever heard of not being able to expunge this charge before in Va?
    Posted this message from my mobile, so sorry for misspellings.
    Thank you
    Fear no Evo!!!! Flat Four!!!!!

  • #2
    18 views , and no one has ever given out an underage poss citation? Come oooooooon man. Okay any knowledge on writing the commonwealth if there is such a thing?

    Update: Found what I need, concerning simple pardons by the parole board/commonwealth of Va ( simple misdermeanor)

    http://www.commonwealth.virginia.gov...mplePardon.cfm
    Last edited by Dr. Octagon; 09-14-2009, 08:18 PM. Reason: Found what I need !!!
    Fear no Evo!!!! Flat Four!!!!!

    Comment


    • #3
      I find it hard to believe they really care that much about a piddly charge like that when you were a kid.

      Comment


      • #4
        Yea, its ok. I wrote the letter and gave every bit of information that they wantd. I still have the summons and supportting documentation from 9 years ago. No problem, I'm doing the leg work.
        Fear no Evo!!!! Flat Four!!!!!

        Comment


        • #5
          expungement

          Are you referring to Metropolitan PD (MPD) in DC? DC has a far different legal system in VA and you'll have to explain the expungement process in VA.

          First, since you were issued a summons (thus you weren't fingerprinted) you'll have nothing on your criminal history. Only crimes for which you were subsequently fingerprinted for will appear on your criminal history.

          With nothing on your CH there is nothing to expunge. Tell your BI this and tell them to quit pandering about some piddly charge from 9 yrs ago as GGG also indicated.

          Good luck.

          Comment


          • #6
            Just to clarify, I plead guilty to the charge so I was finger printed and have an underage poss of alcohol charge on my crimminal record now. There is no way to expunge this because I plead guilty. A simple pardon is my only course of action, and I faxed all documentation in on that today. But yeah dc has no idea about VA statute. Besides this charge, I am clean. Again this happened 9 years ago when I was 20. I am doing the leg work.

            Thanks all
            Fear no Evo!!!! Flat Four!!!!!

            Comment


            • #7
              Underage Possession


              I also received a citation for underage possession of beer in another state (a summary offense there - not a misdemeanor like in VA) when I was only 19 years old. I put it down on my background questionnaire paperwork, but it never even showed up on my criminal history report. {The best thing to do is to let them know and that you are being honest about your past. CYA!!!!}

              It did not keep me from being hired, nor should they hold such a thing against you. Simple alcohol possession is not the same as DUI, DIP or other more serious things. How many of us have never had a drink before we turned 21? For some of us old folks here, we can remember when different states had different drinking ages (18, 19 or 20).


              There have been people hired as LEOs with far worse things in their past than enjoying a beer prematurely. I would not sweat it, sir.
              Last edited by VA Dutch; 09-16-2009, 01:16 PM.

              The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

              The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

              ------------------------------------------------

              "Ignorance on fire is hotter than knowledge on ice."

              Comment


              • #8

                P.S. That is what they used to call a "status offense" - much akin to a curfew violation. You can't commit the offense again since you now of age.

                The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                ------------------------------------------------

                "Ignorance on fire is hotter than knowledge on ice."

                Comment


                • #9
                  I appreciate all the responses, and like i mentioned before my b/i know about the issue. Just awaiting word on my paper work i submitted for the simple pardon. They told me it could take a year, i hope not. Either way, i am moving forward and waiting to take my medical.


                  Thank you
                  Fear no Evo!!!! Flat Four!!!!!

                  Comment


                  • #10
                    Just be sure to list it on the application. As long as you disclose it, should not hurt you.

                    Good luck!

                    Comment


                    • #11
                      no problems , there
                      Fear no Evo!!!! Flat Four!!!!!

                      Comment

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