Alcohol & Drugs: MIP, MIC, Intoxication Clearing Criminal Records

[drummergurl]

I know someone who has a 12 year old class C felony charge. He was in a drunken fight that he didn't start, but he took it too far in defending himself. He has been in a recovery program and he would like to clear his record so he can get his LPN(Nursing License) and maybe his RN. Is this possible in Virginia?

 

[mightymoose]

The only way to make the warrant go away is to surrender to the local police and address the issue in court.

 

[army judge]

Are you sure it was a felony?
Was the person ever indicted?
Or, was the person only arrested?
Just how far had the case gotten?
What was the exact charge?

VA does not classify its felonies as A, B, C, etc...
VA classifies its felonies as 1, 2, 3, 4, 5, etc...
There are six felony classes with the most severe punishment being class one.
Felonies are classified, for the purposes of punishment and sentencing, into six classes. The authorized punishments for conviction are:

* Class 1 felony. Death, or imprisonment for life and, (subject to subdivision g), a fine of not more than $100,000.
* Class 2 felony. Imprisonment for life or for any term not less than twenty years and, (subject to subdivision g), a fine of not more than $100,000.
* Class 3 felony. Term of imprisonment of not less than five years nor more than twenty years and, (subject to subdivision g), a fine of not more than $100,000.
* Class 4 felony. Term of imprisonment of not less than two years nor more than ten years and, (subject to subdivision g), a fine of not more than $100,000.
* Class 5 felony. Term of imprisonment of not less than one year nor more than ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
* Class 6 felony. Term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

 

[jharris352]

Army is absolutely right. I was a defense attorney in VA and he copied what he put right out of the statute book.

I'm not quite clear on your question: Is there a 12 year old outstanding warrant or a 12 year old outstanding conviction? If it is a warrant, then Moose is right. The only way to clear it is to deal with it. He should contact an attorney in the jurisdiction and it will likely be plea bargained away in their first offender act and he will be fine.

If it was a conviction there are two ways of fixing it. He can file a Writ of Coram Nobis with the trial court who may, if he has been a good boy over the past 12 years, vacate his conviction. If the trial judge will not, he can apply for a pardon with the office of pardons and paroles. They will likely grant him one if he has a perfect record in the last 12 years.