Legal Question in Criminal Law in Virginia

Expungement

I was charged with possession in 2004 and it was dissmissed as a first time offense in 2006. I want to have this removed from my record.


Asked on 5/30/08, 10:55 am

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

Re: Expungement

What you are characterizing as an alleged dismissal of your case "as a first time offense" was more likely a Suspended Imposition of Sentence(SIS)which is different from an outright dismissal(or nolle) under Virginia law.

Nevertheless, assuming that this particular offense was charged as a misdemeanor, its disposition as an SIS would still appear to be expungeable under Va. Code Sec. 19.2-392.2(F).

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Answered on 5/30/08, 11:29 pm
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Expungement

You may be eligible for this to be expunged, depending on the type of dismissal you received. A "dismissal" for some offenses is not a "dismissal" eligible for expungement. Take all information you may have related to this matter to an attorney that handles expungements. This attorney would be able to determine pretty quickly if this "dismissal" can is eligible.

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Answered on 5/30/08, 11:54 am


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