Legal Question in Family Law in Virginia

Re: Need to clear my record

A nolle prosequi is a dismissal of the charge and is in no way equivalent to an adjudication of guilty (except, perhaps, in a George Orwell novel). However, under Va. Code Sec. 19.2-392.2 et seq., there does appear to be a provision for the expungement of such dismissals but it does not involve the accuser changing or recanting her story about the matters which led to the charge(s) in the first place.

Re: Need to clear my record

When the Commonwealth opts to nolle pros, you may petition the court seeking an expungement of police and court records. If you have no prior criminal record, and this charge was for a misdemeanor, a petitioner is entitled to an expungement in the absence of good cause shown to the contrary by the Commonwealth.

I would encourage you to seek legal counsel to assist you with this if you believe you may be entitled to an expungement.

As for your mother in law and possible recourse as to the false charge, there are civil options available. It is within the scope of the Commonwealth's discretion to prosecute for matters related to providing a false affidavit. Practically speaking, seek expungement and cease contact with this person.