Category Archives: Virginia Supreme Court

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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In Virginia a successful appeal of an involuntary commitment does not restore gun rights

Yes … you read that correctly.  If you are involuntarily committed for mental health treatment, appeal that commitment, and win said appeal, it does NOT remove the prohibition the initial commitment placed upon your right to purchase, possess, and transport … Continue reading

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Virginia Supreme Court extends judicial emergency again

The Supreme Court of Virginia announced today that they were extending the judicial emergency yet again. Judicial Emergency Timeline First Order – The Supreme Court of Virginia first declared a judicial emergency on March 16th at the request of the … 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

Posted in Criminal Law, Deferred Disposition, Expungement, First Offender, Virginia Law, Virginia Supreme Court | Comments Off on Is a charge eligible for expungement if it was dismissed following a deferred disposition?