Discover comprehensive insights into the Virginia cannabis expungement process through these detailed and informative Frequently Asked Questions (FAQ).
How did Virginia handle expungements for cannabis?
As of July 1, 2021, new laws came into effect in Virginia that address expungement. Under these laws, individuals with misdemeanor marijuana offenses will have their charges automatically sealed. Those with more severe charges can file a petition to have their records cleared. The new expungement law creates a system for automatically sealing nine specified misdemeanor charges after seven years, provided there are no new convictions during that period.
All felonies? Only non-violent?
Individuals who have been convicted of Class 5 and Class 6 felonies, including felony larceny, can have their record sealed after ten years, provided they file a petition and have not been convicted of any other criminal offense during that time.
- There are certain criminal convictions, like DUI and domestic violence offenses, that are not eligible for expungement or record sealing. There’s also a lifetime limit of two sentencing events eligible for record sealing.
- Individuals cannot have a misdemeanor or lower-level felony expunged if they’ve been convicted of a felony punishable by life imprisonment.
Were there any crimes related to cannabis that disqualified someone from applying as a social equity applicant?
The guidelines for SE applicants set forth specify that a qualifying conviction is that of a misdemeanor violation of those laws relating to marijuana.
Status of Current Social Equity Program:
Virginia has defined “social equity applicants” as having 66% or more owners or full-time employees who have a prior cannabis conviction, have a close relative with a cannabis conviction, or live in an area with disproportionate cannabis arrests, or that is economically distressed. The state also established a Cannabis Equity Reinvestment Fund, dedicating 30% of tax revenue to this fund to address the impact of economic disinvestment, violence, and historical overuse of criminal justice responses to community and individual needs by providing resources.
How Can Point Seven Group Help?
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