Too many times, I’ve received phone calls from people who have received deferred findings (usually in domestic violence cases or possession of drug cases) and want my help to expunge their record. I have to be the bearer of bad news – charges for which you received a deferred finding are not expungeable in Virginia.
The reason being (at least the courts have said) is that you must stand in the shoes of an “innocent person,” to receive an expungement. Therefore, the Virginia Code lays out very specific instances when you’re legally allowed to have expungments.
When you received a deferred finding in Virginia, the court typically finds “sufficient facts to find you guilty,” but withholds a guilty finding. If you comply with what the court wants you to, the charge is later dismissed. So while you don’t receive a conviction under a deferred finding (which is VERY IMPORTANT – don’t simply over look this fact), your record is not expungeable.
If you have more questions about Virginia expungement law, check out my detailed article here.