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).

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Answered on 1/27/12, 7:56 am

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