What are my options if convicted of class 4 misdemeanor and I dont want it to go on my record? can I do a class or something?

Asked over 4 years ago - Newport News, VA

I was very drunk in my mothers home and the police were called. Ten mins after they left, I was still upset that they were called in the first place and they returned, they warned me to go in but I told them to take me to jail. I was not given a breathalyzer to see my exact blood alcohol level but you could smell it so I guess it wasn't needed. While on my way downtown I was talking ALOT about my previous drug use, which I found out later that I said these things from my mother who found out after the officer called from his personal cell after dropping me off and I spent 8 hours. If and once I am found guilty is there anyway I can have this expunged? I've had a theft charge expunged in another state six years ago and I cant get it expunged or pay my fine what will be the end result

Attorney answers (2)

  1. Timothy Kevin Wilson


    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . In Virginia, Class 4 Misdemeanor offenses are punishable by the imposition of a fine of up to $250.00.

    Virginia law does not allow for expungement of records relating to offenses which were eventually dismissed. For a more thorough discussion of expungement in Virginia, please copy and past the following link to visit my website: http://www.tkevinwilsonlawyer.com/faqs/can-i-ex....

    Since you will not be able to have a conviction expunged, it is important that you retain an experienced Virginia Criminal Defense Attorney to assist you with this matter and try to avoid a conviction in the first place.

    DISCLAIMER: This answer is provided as general information and is not to be considered legal advice, nor does it constitute the creation of an attorney-client relationship.

    T. Kevin Wilson, Esq.
    The Wilson Law Firm
    DUI, Criminal & Traffic Defense...When Results Matter
    9300 Grant Avenue, Suite 301
    Manassas, Virginia 20110

    Telephone 888-DUI-LWYR
    Telephone 703-361-6100
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    For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia , visit http://www.tkevinwilsonlawyer.com/faq.cfm.

  2. Lisa Manning

    Contributor Level 10

    Answered . To supplement my colleague's response: Virginia law states that a charge can be expunged only where the final disposition is an acquittal, nolle prossequi, "otherwise dismissed" or in cases of actual innocence (e.g. wrong person arrested, Absolute Pardon). In certain cases, a deferred disposition that is dismissed can qualify for expungement, but not where there has been a finding of "facts sufficient" for guilt (e.g. a First Offender sentence).

    I agree that an experienced local lawyer could best help you obtain a final disposition that would then make your case records eligible for expungement. Note that you can check the current status of your record online through this link: http://epwsgdp1.courts.state.va.us/gdcourts/cap...

    If you are eventually successful in obtaining an Expungement Order, be sure that you or your lawyer follows up with all agencies involved in your case -- Circuit Court, District Court, Commonwealth Attorney, arresting law enforcement, detention facility and the FBI -- to ensure their compliance.

    NOTE: This post presents general information. The information contained herein is not intended as legal advice, and you should not act upon it before consulting with professional legal counsel. To obtain legal services from any law firm, including Record Absolutions, you must first establish an attorney-client relationship. This requires personal contact with us, and our determination that we are willing to take the engagement. Until all of these steps are complete, you have not hired an attorney and have not become a client of the firm. Thank you for your understanding.

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