I was 18 at the time, got into a little bit of trouble with not having any food in college so tried to sell marijuana to make ends meet for a little while before I could go home. I got caught, charged, and later pled guilty to a SALE, DISTRIBUTE MARIJUANA charge which is a first degree misdemeanor. However: I received the minimum/lightest possible sentence because I was so forthright/honest with the police of a $250 fine, 6 months suspended drivers license in VA, and one year of unsupervised probation. I want this expunged as quickly as possible. I've looked up law in Virginia not allowing expungement for anyone who puts a guilty plea, but I've talked to the court where I was arrested/charged and they said it is possible. So what is the likelihood my case can get expunged, I am aware I will most likely need to hire representation/pay a fine, but I'm curious how much if possible?
It is unlikely that this charge will be able to be expunged. The law in Virginia indicates you must be acquitted of the charge or it was otherwise dismissed in order for a charge to be expunged. Sometimes if someone pleads guilty, but has their charge taken under advisement or deferred by the court and comes back to have the charge ultimately dismissed - those people can have charges expunged. However, the likelihood that a charge that you plead guilty to, although it is just a misdemeanor, will be expunged is not high, especially because it is actually still on your record as guilty and you served a period of good behavior probation. If your court operates differently, you will most definitely need a lawyer to assist you.
**This is general information regarding a legal problem. However, any information should be taken as general and the specific facts of your case should be taken to an attorney so they can apply your specific facts to be able to give you the best advice. This does not create an attorney-client relationship in any way.**
There is a 0% chance of success when trying to expunge any type of adult conviction in Virginia. And, if you had a deferred finding, you also have a 0% chance of success if there were "facts sufficient" for guilt or if you entered any type of guilty or guilty-equivalent plea (e.g., no contest or Alford plea). Some prosecutors' offices or courts may be more lax about expunging deferred findings than others, but technically speaking, the law prohibits expungement of an adult charge if either there is a guilty plea or a deferred finding.
This answer is provided as general advice and is not intended to create an attorney-client relationship or form any other form of contractual agreement between the parties. Moreover, the advice provided here is no substitute for fully fleshing out a case with an attorney who knows all the facts and circumstances surrounding your case.
Based on what you've described, you will not be successful in seeking an expungement. In Virginia, if you are convicted of a crime, it will not be eligible for expungement. Additionally, if you entered into a deferred disposition program for dismissal and pled no contest or stipulated to facts sufficient for a finding of guilt, you will not be able to seek expungement. You may want to take your court documents and records to an attorney to verify, but, unfortunately, it seems as though an expungement is not a possibility based on the circumstances you've described.
These comments are meant to provide some general information and DO NOT constitute legal advice and DO NOT create an attorney-client relationship. I would highly encourage anyone seeking legal advice to contact a qualified attorney in your jurisdiction for legal advice.
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