Jeffersonton, VA asked in Criminal Law for Virginia

Q: Do any states treat drug possession felonies differently from other felonies of the same class for expungement purposes?

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T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Drug possession felonies are different from other felonies of the same class for expungement purposes. This means that it may be more difficult or even impossible to get a drug possession felony expunged compared to other types of felonies.

Here's a summary of the situation in Virginia:

Virginia law generally allows for the expungement of certain felonies after a waiting period. The specific waiting period depends on the class of the felony, with Class 6 felonies having the shortest waiting period (10 years) and Class 1 felonies having the longest (20 years).

However, drug possession felonies are specifically excluded from expungement under Virginia law. This means that you cannot get a drug possession felony expungement, regardless of the class of the felony or how long you have waited.

There are a few exceptions to the rule against expunging drug possession felonies. For example, if you were convicted of a drug possession felony as a juvenile, you may be able to get the conviction expunged once you reach adulthood. Additionally, if you were convicted of a drug possession felony that has been decriminalized in Virginia, you may be able to get the conviction expunged as well.

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