license restoration virginia lawyer

Richmond VA License Restoration and Record Expungement Lawyer, Sara Gaborik

SARA GABORIK CAN HELP YOU GET YOUR LICENSE REINSTATED OR CERTAIN RECORDS EXPUNGED

 

LICENSE RESTORATION

As you consider Richmond traffic lawyers or those who serve nearby areas like Henrico, Essex, Prince George, or Chesterfield, you will discover that some attorneys handle license reinstatement matters while others do not. Similarly, not all Richmond criminal lawyers handle expungement cases. Sara Gaborik has handled many license reinstatement and expungement cases throughout Richmond and the surrounding areas and can help you with your situation.

LICENSE RESTORATION IS NOT GUARANTEED – SARA GABORIK CAN HELP GET YOUR LICENSE REINSTATED

If your Virginia driver’s license was suspended or revoked, having your driving privileges reinstated is not guaranteed. Virginia Code § 46.2-411 provides that you can be denied reinstatement if “necessary for the safety of the public on the highways in the Commonwealth.” Although an attorney cannot guarantee a particular outcome, Sara Gaborik has the knowledge and experience to advise you on a course of action that can improve your chances of getting your license back.

Even if you are not barred for safety reasons, getting your driving privileges restored is not simply a matter of requesting it after your mandatory suspension or revocation period expires. You will have to satisfy all requirements of the Court and you will bear the burden of proving you have met each requirement. This can be a tedious process that often presents unexpected pitfalls.

In Virginia, license suspensions can occur for driving infractions, failure to pay child support, and for other violations. Before your driving privileges can be reinstated, you will have to satisfy requirements applicable to the offense(s) you committed. Some of the typical requirements for reinstating a driver’s license in Virginia include proof that:

  • You have paid all outstanding court fees and fines;
  • You have secured insurance from a company licensed to write insurance policies in Virginia;
  • You have satisfactorily completed a driver improvement clinic (driving school);
  • You have satisfactorily completed a Virginia Alcohol Safety Action Program (VASAP), including an intervention interview with VASAP, if you have been convicted of DUI;
  • You have installed an ignition interlock device on your vehicle(s) if you have been convicted of DUI;
  • You have complied with applicable child support orders; and
  • Such other requirements as the Court may impose.

Some applicants may be asked to provide a medical report from a doctor, physician’s assistant, nurse, or other medical professional demonstrating fitness to drive. This may include a report indicating that the applicant’s vision meets the requirements for exercising driving privileges in Virginia.

If you were found responsible for injuring or killing someone while driving a vehicle, you may also have to provide proof that you have satisfied any judgment arising out of the incident. Alternatively, you may have to furnish other proof, such as an agreement regarding payments, a bankruptcy decree or filing, or other evidence that you are in legal compliance regarding your responsibilities for the matter.

You may be required to provide proof of your identity, address, and residency in the Commonwealth. You may also have to pass a written driver’s test and, in some cases, a driving skills test. And you will have to pay fees.

Virginia charges several different fees for reinstatement. In most circumstances, the Commonwealth will charge a base fee of $30 to reinstate a license.

An additional $30 fee will be assessed if your suspension or revocation resulted from any of a number of convictions or acts of noncompliance listed in Virginia Code § 46.2-411, subsection C. These convictions include reckless driving, driving while intoxicated, involuntary manslaughter, maiming someone due to your driving actions, unreasonably refusing to submit to a drug or alcohol test, eluding police, failing to comply with any of the Court’s conditions, and many others. On top of these fees, there will be an additional $40 fee assessed plus an additional fee if you had more than one suspension or revocation on your record.

Only after you have satisfied all requirements and paid all fees will the Virginia Department of Motor Vehicles issue you a letter confirming reinstatement of your driver’s license.

Need help reinstating your driving privileges, call Sara Gaborik for a free consultation: (804) 334-4351 or (804) 780-3080.

 

RECORD EXPUNGEMENT

ATTORNEY SARA GABORIK MAY BE ABLE TO HELP HAVE YOUR CRIMINAL RECORD EXPUNGED

A criminal record is a constant threat to your ability to enjoy a normal life. Many criminal records are available to the public. With internet access, your background is just a few clicks away for those who want to know more about you. Ultimately, your information could find its way into the hands of people who can keep you from getting what you want and need.

Employers investigate prospective employees and a criminal record can keep you from obtaining a job. You may not be able to obtain certain licenses if you have a criminal record. Your record could prevent you from renting the house or apartment you want. And someone you are interested in dating can walk away after discovering you have a criminal record.

Having to explain, time and time again, how you came to have criminal charges against you is especially harsh if you were an innocent victim of circumstance. An experienced attorney may be able to get your police and court records expunged so the records would no longer be accessible to these members of the public.

Virginia Code § 19.2-392.2

establishes the eligibility and process for expunging criminal records. You are eligible for record expungement if:

  • You were acquitted of a criminal charge;
  • You were charged but the case was dismissed or otherwise not prosecuted; or
  • Someone used your name, without your consent or authorization, in connection with an arrest and you were not the person actually charged.

The process for expunging your record starts with a petition. The petition should include a copy of the warrant or indictment and should contain the date of arrest and the name of the agency making the arrest. If you cannot obtain this information, you have to state, in the petition, why you could not do so.

The petition should also include the criminal charge you are seeking to expunge, the final disposition date of that charge, your date of birth, and the full name used at the time of arrest.

The petition must be filed in the circuit court where the case was dismissed or otherwise disposed of. A copy must be served on the Commonwealth Attorney in the city or county where the petition is filed. The Commonwealth Attorney has twenty one days to object to or answer the petition.

You will also have to get a set of your fingerprints from a law enforcement agency and give that agency a copy of your petition. That agency will submit a copy of your petition, with your fingerprints, to the Central Criminal Records Exchange (CCRE). The CCRE will send a sealed copy of your criminal history and fingerprints to the Court where you filed your petition, including copies of the documents that resulted in the entries in the CCRE that you want to expunge.

The Court will hold a hearing on your petition. If the Court determines that you would suffer a manifest injustice from the continued existence and possible dissemination of the information relating to the arrest, it will order that those records be expunged.

A criminal lawyer with experience in expungement proceedings can help you prepare and file the required paperwork and can represent you at the hearing to ensure you cover the essential facts and issues. Petitioning for expungement has many specific requirements and strict compliance with the procedures is essential. If the Court or either party fails to comply with the procedures, or the Court enters an expungement order contrary to existing law, that expungement could actually be voided and you could find yourself back where you started.

CALL FOR YOUR CONSULTATION

Sara Gaborik has the knowledge, skill, and experience to assess your eligibility for expungement, handle the process from start to finish, and represent you at the hearing. Call today for a consultation: (804) 334-4351 or (804) 780-3080.