Legal Question in Criminal Law in Virginia

Misdemeanor Exonerated

Is it possible to have a misdemeanor possession charge exonerated from your record? I am trying to get a better job and this comes up on my background checks. I have a friend whose boyfriend said he was able to do this. If its possible, how do I go about doing it?

Thank you very much!


Asked on 4/27/06, 1:18 pm

2 Answers from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: Misdemeanor Exonerated

If you mean expunged, not unless you were acquitted of the charge or it was nolle prossed by the Commonwealth. Otherwise, you can not expunge it from your record.

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Answered on 4/27/06, 2:53 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Misdemeanor Exonerated

Records of criminal convictions in the Commonwealth cannot be cleared (expunged)from one's record unless the defendant can prove that he or she was wrongully convicted and has received a pardon from the Governor. See Va. Code Sec. 19.2-392.2.

If one is acquitted after trial of the case or has her/his case nolle prossed(dismissed before trial), then one may also file a petition with the circuit court in the jurisdiction which disposed of the matter to request that the record of the arrest or the police record be expunged. Also Sec. 19.2-392.2.

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Answered on 4/27/06, 5:03 pm


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