Q: I have a few questions about getting my record expunge .. Im 21 with misdemeanor DV charge i never did jail time for.
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A: You may expunge the arrest if the case was nolle prosequi, dismissed or you were otherwise found not guilty (acquitted) AND you did not enter a guilty plea. If you entered a guilty plea as part of a deferral and the case was dismissed, you are not eligible for expungement of the arrest. The rules are very strict for expungements in Virginia. Contact an experienced criminal lawyer for a free consultation.
A: In VA, unfortunately, if you are found guilty by a judge (or facts sufficient for guilt as in a first offender program) or you enter a guilty plea, you cannot expunge that charge under current law. It does not matter whether or not you did jail time. It also does not matter how much time has gone by.
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