Legal Question in Criminal Law in Virginia
How long do misdemeanors remain on your record in Virginia? I was convicted of Assault (18.2-57) but was sentenced as though under 18.2-57.3... is there any way to have the conviction removed as is described in 18.2-57.3.E of the Virginia Code?
2 Answers from Attorneys
Usually, forever.
If you complied with the conditions specified in Va. Code Sec. 18.2-57.3 E, then there was no adjudication of guilt and therefore no conviction in the referenced case, although, as the last sentence of this provision indicates (which you failed to mention), the matter is, nevertheless, NOT eligible for expungement pursuant to Va. Code Sec. 19.2-392.2 et seq.)
Deferred dispositions to be dismissed by completing programs cannot normally be expunged.
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