If a class 5 felony has been nolle pros'd, is the arresting officer still allowed to make the person "work off the charge"?

Asked over 3 years ago - Fairfax, VA

The arresting officer said that I would have to "work off" my Class 5 felony (poss. marijuana w/ intent) in exchange for a nolle pros. and before I could get it expunged. But it has already been nolle pros"d. Is that allowable or can I petition for expungement now?

Attorney answers (1)

  1. Mitchell Mead Wells

    Contributor Level 12

    Answered . You can petition to expunge, but either the police officer or prosecuting attorney can also "bring back" or have you arrested for the possession of marijuana with intent to distribute allegation that was previously nolle prossed. You should consult with your attorney who assisted you with the nolle pross in the first place.

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