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 Hendrickson Law Office Michael E. Hendrickson

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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Answered on 7/09/13, 7:19 pm

Jonathan Simms Simms & Harris, PLLC

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.


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

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Answered on 7/10/13, 4:56 am

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