Virginia: Adult Diversion/Deferral Program (VA-D-4)

Records relating to the deferred disposition of a criminal case that were later dismissed shall be expunged. Va. Code Ann. § 19.2-298.02(D).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

No statutory language.

Procedure General

A trial court presiding in a criminal case may, with or without the agreement of the person and the Commonwealth, upon consideration of the facts and circumstances of a case, defer proceedings or defer entry of a final order of guilt in a criminal case. Va. Code Ann. § 19.2-298.02(A).

Fees

There is no statutory language regarding fees.

Effect

A dismissed charge may be considered dismissed for purposes of expungement of police and court records in accordance with Va. Code Ann. §€‚19.2-392.2. Va. Code Ann. § 19.2-298.02(D).

Waiting Periods

There is no waiting period.

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