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Cases Where No Plea was Entered and No Finding that Facts Were Sufficient for a Conviction, Still Qualify for Expungement Even if the Dismissal was Conditional
July 12, 2009
Topic: Expungement
The Virginia Supreme Court recently decided the case of Brown v. Commonwealth in which it considered two cases involving requests to expunge police and court records relating to criminal charges, pursuant to Code § 19.2-392.2(A). The charges at issue were dismissed without the defendants entering a plea, and without any finding that the evidence was sufficient to establish guilt. The issue on appeal was whether, under the factual circumstances of the cases, the charges were "otherwise dismissed" as required by the expungement statute given that the charges were continued for a period of months while the defendants/petitioners completed court ordered programs. The Supreme Court found that both cases were appropriate for expungement. The judgment of a circuit court denying expungement of the police and court records relating to the charge was reversed and the matter was remanded for entry of an order of expungement. The judgment of another circuit court granting expungement of the police and court records was affirmed.
Manikas Law LLC | 703-873-7473 or 888-503-8075 | For more information on Expungements, visit our main website and look under the "Resources" page| Serving Fairfax County/Tysons Corner, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas.
Attachments:
VASupCt-Brown.pdf
