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Traffic Infraction on Criminal Records

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  • 08-09-2010, 05:57 PM
    scout757
    Traffic Infraction on Criminal Records
    My question involves a background check in the State of: Virginia

    I was in a single car accident and charged with reckless driving: exceeding safe speed. The judge reduced the charge to a infraction of improper driving. Why is this reporting on my background check when traffic infractions are not considered criminal offenses in Virginia?
  • 08-10-2010, 11:02 PM
    Mr. Knowitall
    Re: Traffic Infraction on Criminal Records
    Because you were initially charged with a crime (reckless driving is a Class 1 misdemeanor) and entered a plea to the lesser charge (the infraction).
  • 08-11-2010, 07:53 AM
    scout757
    Re: Traffic Infraction on Criminal Records
    Can I do anything about this? Is there a way to have it removed from my record?

    I'm entering nursing school and if one hospital chooses not to let me attend clinicals because of the criminal record I will be kicked out of the program.

    The accident was during a snow storm and I was not speeding. I had consulted a lawyer before I went to court and he told me I was better going to court by myself. Yes, the charge was reduced and I don't have any points on my DMV record but now I have a criminal record. Forgive me, but this is not what I was expecting.
  • 08-17-2010, 02:49 AM
    tc498
    Re: Traffic Infraction on Criminal Records
    It still cause you problems but you technically don't have a criminal record because the charge was reduced. It's hard to say if the lawyer would of got you a better outcome,unless he got the charge completely thrown out. Do you know exactly how the charge is coming up on a background check ? It probably shows the original charge and that it was reduced,it's important to know what exactly popped up and how it's being displayed. You weren't charged with dwi,stealing or drug charge for example which would look a lot worse. The place should take in to consideration what happened and the actual charge. It seem to be hard to expunge a charge in your state from what I read but it can't hurt to contact a local lawyer,some offer a free consultation.
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