Legal Question in Criminal Law in Virginia

When I was 18 and a freshman in college in Virginia, I got stopped while walking home from a party and given a drunk in public and underage drinking citation. I was told at my hearing that if I completed my community service, the charge would be dismissed. I did not realize at the time that they were only referring to the underage drinking charge, but apparently they were. When I do a criminal record search on that county's website, my two charges appear. The DIP charge says Guilty, and the Underage charge says Dismissed. I am wondering if I actually have to report these two charges while applying for jobs, for several reasons. I am assuming I would have to report the DIP because it says guilty, but do I report the dismissed underage charge? Also, since it's been 8 years since the final disposition, do I need to report this misdemeanor DIP? Is there any way to get this off of my record? How likely is it that this charge will deter employers from taking a look at my application?


Asked on 2/21/13, 7:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

As to what you may need to report on a job or other application in regard to your criminal history, that would seem to depend upon the exact wording of the particular request. Nevertheless, if the request is simply along the lines of: Have you ever been convicted of a crime, the DIP charge would obviously need to be listed but the underage alcohol charge of possession by consumption would not (in my opinion).

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Answered on 2/22/13, 7:41 am


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