Legal Question in Traffic Law in Virginia
Is Drinking in Public (VA Code 4.1-308) a criminal offense? Will it show up on criminal background checks? Can it be expunged if I have no prior offenses?
Asked on 1/26/12, 9:09 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Yes, it's classified as a Class 4 misdemeanor offense under
Va. Code Sec. 4.1-308 A. for which a conviction is not expungeable, but you
still might want to ask the prosecutor to consider whether your case
might be disposed of under Va. Code Sec. 4.1.305 F (deferred proceedings).
Answered on 1/27/12, 7:56 am
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