Automatic Nondisclosure For First-time Misdemeanors In Virginia
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Under appropriate circumstances, misdemeanor offenses may be taken under advisement to be dismissed. Virginia code section 19.2-298.02 allows misdemeanor charges that would otherwise be a conviction to be taken under advisement to be dismissed.
Your record will automatically be expunged as long as you have never been convicted of a crime in Virginia and you have not been arrested or charged with a crime in Virginia in the last three years. If you do not meet these criteria, you may petition the court for an expungement of your misdemeanor arrest record.
In Virginia, records relating to convictions cannot be expunged / removed from a person's criminal record. However, in some circumstances records relating to arrests for offenses which did not result in conviction can be expunged.
In certain situations, misdemeanor offenses can be placed on “advisement,” meaning they may be dismissed without a conviction. This is outlined in Virginia Code Section 19.2-298.02.
The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
Virginia law does not currently allow for expungement of convictions or deferred dispositions; whereas, a sizeable number of states authorize such actions: • 41 states allow misdemeanor convictions to be expunged or sealed; and, • 36 states allow felony convictions to be expunged or sealed.
In order to seal your Virginia record, there is a ten year waiting period for felonies and seven year waiting period for misdemeanors before they are eligible to be sealed.
