No- the Virginia expungement statute, Virginia Code Section 19.2-392.2 only allows the court to consider expungement on charges that were ultimately dropped or dismissed.
No. Virginia law does not allow for expungement of records relating to convictions. Under Virginia law, expungement is only available for records relating to offenses which were dismissed, and only some of those. Essentially, if the records relate to a misdemeanor offense and there is no criminal history, then the person is entitled to the expungement unless the government has a compelling reason why the court should not grant it. On the other hand, if the records relate to a felony offense or there is a criminal history, the person seeking expungment will have to convince the court why it should be granted.
T. Kevin Wilson, Esq.
The Wilson Law Firm
DUI & Criminal Defense…When Results Matter
9300 Grant Avenue
Manassas, Virginia 20110
For a FREE copy of the Virginia DUI / DWI Arrest Survival Guide: The Guilt Myth, a consumer guide written by a nationally recognized Virginia DUI Defense Lawyer, visit www.TheWilsonLawFirm.org.
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