Legal Question in Criminal Law in Virginia
Motion for Nondisclosure of Deferred Adjudication
I was given dererred adjudication for an assault charge. I have met all condition set by the court. In Feb 06 my PO sent a letter to the court stating that I have met these condition and was no longer on probation.
Question- In VA can I file a motion for nondisclousre or to expunge the arrest record? My goal is to keep potential employers from seeing the arrest.
1 Answer from Attorneys
Re: Motion for Nondisclosure of Deferred Adjudication
Nope. I'm sorry. Expungement of arrest or conviction records require a finding of not guilty by the Court. You obviously were put on probation because you admitted the facts were sufficient to convict you. You may not have a conviction but the FBI record will show an arrest and a dismissal after probation and most people know under what circumstances that happens.
Good luck.
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