Hi There,
An expungement can only be obtained if: you are found not guilty by the court (acquittal or dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; where an individual’s name is used in error; or the individual obtained an absolute pardon from a Virginia Governor.
To find out more, you can visit the guide I just recently published on what you need to know about criminal record expungements in Virginia http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia?published=true.
Answered on Mar 03rd, 2015 at 7:28 PM