Reckless Driving Expunge DUI Lawyers Virginia Fairfax County

Simpson v. Commonwealth

Facts:

Petitioner moved the court to expunge police and court records relating to a sale and/or distribution of marijuana charge as well as a reckless driving charge.

Reckless Driving Expunge DUI Lawyers

Issue:

• Whether the Petitioner’s motion to expungement should be granted?

Discussion:

Petitioner moved the court to expunge police and court records relating to a sale and/or distribution of marijuana charge as well as a reckless driving charge. The circuit court granted the motion. Petitioner was charged with the sale and/or distribution of marijuana in 2001 and that charge was subsequently nolle prosequi. The parties agreed that petitioner was entitled to expungement of records relating to the marijuana charge pursuant to Va. Code Ann. § 19.2-392.2(A) (2011). Further, the continued existence and possible dissemination of information relating to that charge might cause a manifest injustice to petitioner. Accordingly, the motion to expunge all police and court records relating to that charge was granted. With regard to the reckless driving charge, he did not plead guilty to reckless driving, nor did the trial court make a finding of guilt as to the reckless driving charge. He was never found guilty of the charge he sought to have expunged. When he pled guilty to improper driving, he pled to an offense separate and distinct from reckless driving. Thus, expungement was proper. Petitioner’s motion to expunge was granted.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.