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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118697
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Expungement of felon charge that was dropped to misdemeanor,

Customer Question

Expungement of felon charge that was dropped to misdemeanor, which I entered an Alford Plea. I wish to expunge the original felony charge that was amened to misdemeanor
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
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.

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Customer: replied 4 years ago.
Relist: Answer quality.
This doesn't help - dead end
Expert:  Law Educator, Esq. replied 4 years ago.
I am sorry that me giving you the ACTUAL VA LAW was bad service, but your VA Legislature wrote that law and not me. So your claims this service was bad is disingenuous and you need to take up your displeasure with the status of the VA law to your VA legislators in the voting box next time you vote. Best wishes.