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Expungment Possible When Case Reduced

Expungment Possible When Case Reduced

A defendant charged with Possession of Marijuana entered a plea agreement with the prosecutor to plead guilty to Reckless Driving.  He paid a small fine.  Later, he sought to expunge the Possession of Marijuana charge but was denied by the Fairfax Circuit Court.

The Supreme Court of Virginia held that, when a charge is changed, the Court can expunge the original charge — even if doing so expunges both charges as a practical effect.

Before this decision, expungement proceedings were reserved only for the innocent.  This decision is a crack in that armor.

The case was Dressner v. Commonwealth, Record No. 120496 (January 10, 2013).


May Law practice criminal law, including expungements.  Click here for more information on Virginia criminal law.  For more information about our firm, click here

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