Manifest Injustice And Expungements In Virginia
Criminal Defense attorney, Steve Duckett, explains Manifest Injustice in regards to expungements.
Are you looking for a law firm that knows how to handle expungements effectively in Northern Virginia?
Are you looking for a law firm that knows how to handle expungements effectively in Northern Virginia? Expungement law is technical, and the outcome often depends on how the case is presented to the court. Battlefield Law Group has extensive experience handling expungements in Prince William, Loudoun, and Fairfax, and we regularly help clients determine whether their charges can be removed and whether manifest injustice applies.
What Is Manifest Injustice?
Virginia expungement law is governed primarily by § 19.2-392.2 of the Code of Virginia, which outlines when police and court records may be expunged and when a showing of manifest injustice is required.
In Virginia expungement cases, the term manifest injustice refers to whether keeping a criminal charge on your record would be clearly unfair and serve no meaningful public purpose. Courts use this standard when deciding whether a non‑conviction record should remain or be removed.
Many people encounter this phrase while researching expungements and are unsure what it actually means or whether it applies to their case. The answer depends on the type of charge and your prior record.
When Manifest Injustice Is Not Required
In many misdemeanor cases, particularly when a person has no prior criminal record, Virginia law does not require the individual to explain why they want the charge expunged. In these situations, the law generally favors expungement unless the Commonwealth can show good cause for keeping the record.
This means that for certain dismissed or dropped misdemeanor charges, the court may grant expungement without requiring proof that the charge has caused ongoing harm.
Felony Charges and the Manifest Injustice Standard
Felony charges are treated differently under Virginia law. When someone is seeking to expunge a dismissed or acquitted felony charge, the court must find that allowing the record to remain would result in a manifest injustice.
Attorney Steve Duckett explains that this usually requires a court hearing. At that hearing, the focus is on how the charge continues to impact a person’s life even though there was no conviction. Common issues include problems with employment, professional licensing, housing applications, background checks, or damage to reputation.
The court is not looking for inconvenience or embarrassment alone. The question is whether the continued existence of the charge creates an unfair burden that outweighs any reason for the record to remain.
Why Experience Matters in Expungement Cases
Manifest injustice is not a simple checkbox. It is a legal standard that must be presented clearly and supported by the facts of each case. Courts in Prince William County, Loudoun County, and Fairfax County may approach expungement petitions differently, which makes experience especially important.
At Battlefield Law Group, our attorneys understand how expungement cases are evaluated at the circuit court level and how to position petitions effectively. From determining whether a hearing is required to presenting a strong argument when manifest injustice applies, we guide clients through every step of the process.
Expungement Representation Across Northern Virginia
A criminal charge that did not result in a conviction should not define your future. If a past charge is still appearing on background checks or holding you back, expungement may be an option.
Battlefield Law Group represents clients seeking expungements in Prince William County, Loudoun County, Fairfax County, and throughout Northern Virginia. If you have questions about your eligibility or next steps, speaking with an experienced expungement attorney can provide clarity and direction.
