Suffolk, VA asked in Criminal Law for Virginia

Q: found guilty of misde assault, appealed to Noelle prosq. Do I have to put I was convicted on an employment application?

Related Topics:
1 Lawyer Answer
Kristin Paulding
Kristin Paulding
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: It sounds like you were convicted of misdemeanor assault. Once you appealed you got a trial de novo (a brand new trial) in Circuit Court. During that appeal the prosecutor can make a motion to nolle prosequi the charge. This means he/she is not prosecuting the charge. When a charge is nolle prossed you have NOT been convicted. You were charged and the charges were dropped. If your charge is nolle prossed you can make a motion to expunge the charge under 19.2-392.2. Go to the Circuit Court Clerk's Office and ask for some information on expungements if your interested in removing it from your record for good.

Steve Miyares agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.