Washington, DC asked in Criminal Law for Virginia

Q: can you expunge a class 6 felony in va if you had a plea deal for 2 years probation. Completed then case dismissed?

2 Lawyer Answers

A: To be eligible for an expungement, the charge must result in an acquittal, or a nolle prosequi, or be considered "otherwise dismissed" by the court. If you had a plea deal where the judge found that the evidence was sufficient for a conviction, but a guilty finding was withheld and your case deferred then the charge likely won't be considered "otherwise dismissed" for purposes of an expungement.

A: David's answer from January 21, 2025 is correct about the current state of Virginia expungement law. However, the law is changing on July 1 of this year, & certain Class 6 felonies will be eligible for sealing (a different process than expungement). Whether your particular crime is eligible depends on the nature of the offense, whether you've had subsequent arrests, and how much time has passed since the charge. You should consult with an attorney who handles expungements to better determine whether this may be an option for you after July 1, 2025.

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