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?

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1 Lawyer Answer
Kristin Paulding
Kristin Paulding
Answered
  • 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

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