Legal Question in Criminal Law in Virginia

Re: exspong

There are certain scenarios which give rise to motions for expungement of arrests. Your scenario states there was a dismissal. This is wonderful, however, was the dismissal due to a plea agreement or a suspended imposition of sentence? If so, you may not be successful in expunging the arrest.

In order to assess the possibility of expungement, which requires a formal motion and argument before the circuit court of the county of the underlying charge, please obtain a copy of your order, certified. Also, please obtain, if available, a copy of the transcript of the underlying case, if applicable.

BOSE LAW FIRM, PLLC

By: Sudeep Bose, Esq. 703.926.3900

Former Police and Investigators

Re: exspong

If the criminal charge was actually dismissed before trial or plea, it's possible to get the defendant's record expunged upon presentation of a proper petition before the circuit court in the jurisdiction which originally handled the matter.

However, if the defendant was convicted, he may appropriately file such a petition only in the event that he has received a pardon from the governor for a crime for which he can demonstrate that he was unjustly convicted.

Va. Code Sec. 19.2-392.2 et seq. Expungement of police and court records.