Table of Contents
- The Short Answer
- Types of Dismissals and How They Affect Eligibility
- Nolle Prosequi: When the Prosecution Drops Charges
- Acquittal: Found Not Guilty at Trial
- Dismissal With Prejudice
- Dismissal Without Prejudice
- The Otherwise Dismissed Language
- Deferred Dispositions: A Tricky Area
- Dismissed After Probation Completion
- Practical Steps to Seal Your Dismissed Charge
If you were arrested and charged with a crime in Virginia but the charge was ultimately dismissed, that arrest and charge still appear on your criminal record and can show up on background checks. The good news is that Virginia law provides a path to seal dismissed charges through the expungement process.
The Short Answer
Yes, in most cases you can seal a dismissed charge in Virginia. Under Virginia Code section 19.2-392.2(A), if a charge was nolle prosequi, you were acquitted, or the charge was otherwise dismissed, you have a statutory right to petition for expungement.
Key point: Virginia Code § 19.2-392.2(A) grants an explicit right to petition for expungement when a charge has been nolle prosequi, the person was acquitted, or the charge was otherwise dismissed.
Types of Dismissals and How They Affect Eligibility
Virginia courts handle case dismissals in several different ways, each with different implications for expungement.
Nolle Prosequi: When the Prosecution Drops Charges
A nolle prosequi is one of the clearest paths to expungement. Section 19.2-392.2(A) explicitly lists nolle prosequi as a qualifying basis.
Acquittal: Found Not Guilty at Trial
An acquittal means you went to trial and were found not guilty. This is one of the most straightforward bases for expungement.
Dismissal With Prejudice
A dismissal with prejudice means the charge has been dismissed and cannot be brought again. These clearly qualify for expungement.
Dismissal Without Prejudice
A dismissal without prejudice means the prosecution retains the right to bring the charge again. This still generally qualifies for expungement.
The Otherwise Dismissed Language
Virginia’s expungement statute uses the phrase otherwise dismissed as a catch-all for dismissals that do not fall neatly into other categories.
Deferred Dispositions: A Tricky Area
A deferred disposition occurs when the court defers finding you guilty, places you on probation, and then dismisses the charge after successful completion. In Daniel v. Commonwealth, the court addressed whether these qualify for expungement. Generally, deferred dispositions do not qualify.
Important distinction: If your charge was dismissed after a deferred disposition, it likely does not qualify for expungement under current Virginia law, even though the final court record may show dismissed.
Dismissed After Probation Completion
In Gregg v. Commonwealth, the Virginia courts examined dismissals after probation completion. The circumstances surrounding the dismissal matter for eligibility.
Practical Steps to Seal Your Dismissed Charge
- Verify the Disposition – Obtain a copy of the final disposition from the court.
- Determine Eligibility – Confirm which category your dismissal falls into.
- Prepare Your Petition – Include all required information and fingerprints.
- File in the Correct Court – File in the circuit court of the jurisdiction where the charge was originally brought.
- Attend Your Hearing – Present your court records to the judge.
Tip: Even if you qualify for expungement as a matter of right, bring documentation supporting your petition to the hearing.