How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Nate Your Own Question
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
11217539
Type Your Criminal Law Question Here...
Nate is online now
A new question is answered every 9 seconds

If I pled nolo contendere to a misdemeanor charge in Virginia that was eventually dismisse

This answer was rated:

If I pled nolo contendere to a misdemeanor charge in Virginia that was eventually dismissed following completion of license suspenditure and I have an otherwise clean record, am I eligible for expungement? And if the record is expunged, can I legally claim that I have never been arrested/charged with a crime (e.g. on a medical school application)?
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

If it was indeed dismissed, the charge can expunged under Virginia law. The court clerk would have the necessary form to fill out and submit. Once it is expunged, you have no duty to ever disclose that the incident ever occurred.
Nate and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Where can I verify that legally, "Once it is expunged, you have no duty to ever disclose that the incident ever occurred"?
Virginia Code § 19.2-392.4 controls. Here it is for your reference:

Prohibited practices by employers, educational institutions, agencies, etc., of state and local gov...

A. An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest or criminal charge against him that has been expunged. An applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning arrests or charges that have been expunged.

B. Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest or criminal charge against him that has been expunged. An applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning charges that have been expunged. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any arrest or criminal charge against him that has been expunged.

C. A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.

Related Criminal Law Questions