There is no waiting period. As long as the charge was nolle prossed or you were otherwise found not guilty and did not plead guilty, then you can expunge the record at any time. Some people choose to wait as year after a nolle pros because that's how long the Commonwealth has to bring back the charges, but there is no requirement to wait.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.