Category Archives: Deferred Disposition

Virginia law change allows some charges resolved by deferred disposition to be expunged

Back in 2017, I had written an article to answer the question “Is a charge eligible for expungement if it was dismissed following a deferred disposition?” In that article I laid out the controlling case law and determined that, at … Continue reading

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The new landscape for deferred dispositions in Virginia

Before we discuss the significant recent changes in deferred dispositions made by the Virginia General Assembly, I should first make sure that everyone understands the concept. The Virginia State Crime Commission describes deferred disposition this way: “In general, deferred disposition … Continue reading

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Virginia law change requires courts to grant a Commonwealth’s motion to dismiss

With the election of several Commonwealth Attorneys across the state who had deciding not to prosecute certain crimes in the interest of criminal justice reform, some judges had refused to accept dismissal motions presented by the Commonwealth Attorneys. However, that … Continue reading

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Is a charge eligible for expungement if it was dismissed following a deferred disposition?

Virginia offers the possibility of a ‘deferred disposition’ for first time offenders of a number of crimes, including most misdemeanor ‘property’ crimes. In a deferred disposition case, the judge will: a)  Hold that the facts are sufficient for a finding … Continue reading

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