Class 1 Misdemeanor Virginia

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Reynolds v. Commonwealth

Facts:

Petitioner moved the court to expunge police and court records relating to a sale and/or distribution of marijuana charge as well as a reckless driving charge. The circuit court granted the motion. Petitioner was charged with the sale and/or distribution of marijuana in 2001 and that charge was subsequently nolle prosequi.

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Holdings:

The Virginia Court made the following holding:

· Virginia's expungement statute is embodied in Va. Code Ann. § 19.2-392.2. Under § 19.2-392.2(A), if a person is acquitted of a crime, if a nolle prosequi is taken or if the charge is otherwise dismissed, that person may file a petition setting forth the relevant facts and requesting expungement of the police and court records relating to the charge. Upon a determination that a petitioner has a right to seek expungement under § 19.2-392.2, the trial court must then review the petition and supporting materials to determine whether the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner.

Class 1 Misdemeanor Virginia

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