Legal Question in Criminal Law in Virginia

How to get a class 1 misdemeanor expunged when plead no contest

Asked on 7/09/13, 12:30 pm

2 Answers from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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No, not possible, since a plea of no contest is the equivalent of a guilty plea which is not expungeable under Virginia law unless you can show that you were wrongfully convicted of the crime and have received a pardon from

the governor. (See Va. Code Sec.18.2-392.2 et seq.)

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7/09/13, 7:19 pm
Jonathan Simms Simms & Harris, PLLC
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19.2-392.2. Expungement of police and court records.

A. If a person is charged with the commission of a crime or any offense defined in Title 18.2, and

1. Is acquitted, or

2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

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It doesn't appear as though your no contest plea qualifies for expungement

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7/10/13, 4:56 am

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