Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?
Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?
A: Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.
Shemeka C Hankins agrees with this answer
A: I agree with Ms. Fremit but write separately to indicate more fully (as she said as well) that charges which were dismissed under a "deferred finding" or "first offender" style statute that one might have taking advantage of in a case like prescription fraud are not eligible to be expunged as the person has already received a benefit by plea or evidence sufficient and would not fall into the category of innocent persons as defined by the case law/statute.
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