Thank you for your question. I look forward to providing you the information you are seeking.
Currently under VA law, when a felony was dropped to a misdemeanor the law is not clear that you can ever expunge the felony. Expungements on anything in VA are rarely if ever granted and when a felony is reduced to a misdemeanor as a result of a plea agreement
there is no VA code provision allowing for the expungement I am afraid.
The Virginia statute Va. Code § 19.2-392.2, which allows a person to petition the court to have their charge expunged provides a petitioner with four grounds for moving to have their criminal record cleared, but all four require the charges to have been dismissed. The four grounds for expunging a criminal record are:
(1) if the person has been acquitted of the charge;
(2) if the prosecution has taken a nolle prossequi on the case (dismissed it before trial);
(3) if the charge has been otherwise dismissed; or,
(4) if the offender has no prior criminal record and the crime they were charged with was a misdemeanor.
If none of these criteria are met, the fact of the charge will remain on the person's record indefinitely. When a felony is reduced pursuant to a plea agreement it does not fit the above criteria so it would not be expungeable I am afraid.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”