Legal Question in Criminal Law in Virginia

nolle prosecuted, dismissed

ok my friend has a larceny misdeamnor on his record, also a first offenders status felony dismissed......he also has a bunch of nolle prosectuted and dismissed records on his back ground check, well the laarceny misdeamenor was recent ,,, can he get the get the other charges like the nolle prosecuted and other dismissed charges expunged, we live in norfolk va????


Asked on 5/02/08, 9:09 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: nolle prosecuted, dismissed

If your friend had supposed "first offender's status" for a felony, this does does not sound like something that was simply dismissed but rather, perhaps, a kind of deferred adjudication which would not be the same as an outright dismissal of the charge.

And, furthermore, given your friend's apparent record of multiple run-ins with the law, I doubt that the local prosecutor would be agreeable to expunging much of anything in his record. (See Va. Code Sec. 19.2-392.2 et seq.)

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Answered on 5/03/08, 1:05 pm


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