you should contact an experienced criminal attorney NOW - the court has no discretion to deny an expungement if you meet the criteria of the statute - Va. Code Section19.2-392.2:
"F. After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.
From what you write the court should have granted your motion. Under the law, the court must expunge a misdemeanor acquittal where one had no prior criminal record.
The controlling statute is 19.2-392.2.
Hire a lawyer quickly; there is a firm deadline for appealing.
I agree with Mr. Oblon, but I think your question is missing some key facts. If you have NO PRIOR CRIMINAL RECORD, then there is a strong presumption, but you don't exactly say that. You also don't say whether you have an attorney already. As it says in the statute, a petitioner is ENTITLED to an expungement for a dismissed misdemeanor and no prior criminal record, unless the commonwealth shows good cause to the contrary. (To the contrary of What? The law doesn't say!).
This sounds like a good example of what can go wrong when folks try to go to Court without an attorney, trying to follow instructions that they find on the internet. If you have an attorney, you should give them a call ASAP to note the appeal. If not, call Mr. Oblon!!
Hire an attorney if you do not have one, if you have one then discuss with him or her an appeal and the requirements of that process.
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