Legal Question in Criminal Law in Virginia

Not entering a plea but agreeing to community service (Expungment question)

I got charged with a class I misdemeanor in Virginia (Fairfax County). I have zero criminal history. My attorney tried to get the charges dismissed. The prosecutor wouldn't but deferred to the cop's recommendation that I do a few hours of community service for my violation; in 6 months they would not prosecute the case. I just paid the court costs (no fines). My lawyer clearly stated in open court that we WERE NOT entering a plea. (I was not agreeing to plea guilty and was not pleading no constest). NO evidence was ever being presented in Court. The judge agreed and had the case continued for 6 months (I think officially the court code was listed as ''deferred disposition) and I didn't need to show up for the next court date) My lawyer says when my next court date comes up, he will make sure the charges are marked ''dismissed'' and box marked ''facts sufficient'' is NOT CHECKED. Since there was no finding of guilt or presumption of guilt he states that I should be able to get these charges expunged. I was never fingerprinted even to do court-ordered volunteer work. So my question is based on my case, will I qualify for expungment in Virginia? I know Virginia laws are tough on expungment.


Asked on 6/11/07, 1:23 am

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

Re: Not entering a plea but agreeing to community service (Expungment question)

Section 19.2-392.2(F) of the Virginia Code of Criminal Procedure, now allows for the expungement of misdemeanor conviction records for first time offenders, unless the Commonwealth has sufficient cause to object.

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Answered on 6/11/07, 7:02 am


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