Legal Question in Criminal Law in Virginia

getting a charge dropped from my record in Virginia

I was charged in july 2007 for possession of Marijuana without a legal or valid prescription. In December 2007 I was convicted after pleading guilty and the charge was reduced to show on my record as Possesion of Drug Paraphanalia.

I was being placed under arrest for assault on my wife as we were going through a divorce. In court November 2007 the domestic voilence case was dropped as it was not true and there was no evidence. My question is

Do you think it would be any way possible that I could have the possesion charge removed from my record since It was found on me while being placed under arrest for a crime I was not guilty of?


Asked on 1/08/08, 8:31 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: getting a charge dropped from my record in Virginia

Totally irrelevant, from a legal perspective, meaning the charge could not be expunged for the reason you've suggested since the cops apparently had probable cause for the arrest. However, it might be possible (assuming that you're a first time offender) that you could still have your misdemeanor conviction expunged under Va. Code Sec.19.2-392.2(C).

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Answered on 1/08/08, 9:59 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: getting a charge dropped from my record in Virginia

Totally irrelevant, from a legal perspective, meaning the charge could not be expunged for the reason you've suggested since the cops apparently had probable cause for the arrest. However, it might be possible (assuming that you're a first time offender) that you could still have your misdemeanor conviction expunged under Va. Code Sec.19.2-392.2(C).

Read more
Answered on 1/08/08, 10:12 pm


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