Legal Question in Criminal Law in Virginia

Expunge misdemeanor (dismissed) case in VA

I am international and my problem is that, while I was studying in a university in Washington DC (with a F1 student visa) in 1996, I did a stupid thing and was caught shoplifting a shirt (less than US$50) in Arlington, VA.

I hired an attorney in DC and the case was settled by a plea bargain at the time. I pleaded guilty of petit larceny, did some community service and then was released and came back to my country. I have not come back to the U.S.A. since that incident but want to return to study in the east coast this year.

I checked on the case in the court in Arlington and it reads ''dismissed''. I have no other convictions and have never had any other problems. What does ''dismissed'' means? Does it mean that my case was settled by an accord (I did in fact send the retailer some money to stop a possible civil case)? Does it means I have not been convicted? Does it shows in my records in the U.S.A.? Can I expunge these records? How do I do that?

It seems I may be eligible for expunging:

''Under VA Code S19.2-392.2, a person charged with a crime who is acquitted, or has had the charge dismissed, may file a PETITION FOR EXPUNGEMENT of police/court records related to the charge.''

Thanks


Asked on 3/05/04, 7:22 pm

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

Re: Expunge misdemeanor (dismissed) case in VA

If you received the disposition of Suspended Imposition of Sentence (SIS)(usually available to first time misdemeanor offenders in Virginia)in return for your plea of guilty, and subsequently you successfully completed all the requirements of your one year probation, at the end of the year

the judge would've marked your case either dismissed/closed or some variant thereof.

If this is the disposition (i.e, SIS) which you in fact received, you would not have been convicted of the petty larceny offense because you were never sentenced. (One is convicted only after entering a plea of guilty or after having been found guilty after trial and then having undergone the process of having sentence imposed). If you were never sentenced this means that you were never convicted of the petty larceny offense and may attest to this fact under oath and that, furthermore, there is nothing with respect to this offense in your record to expunge.

The accord and satisfaction remedy which you have alluded to would not be applicable under the facts which you've described.

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Answered on 3/05/04, 11:34 pm


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