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 wanted 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 expungable 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 particular instances when you’re legally allowed to have expungements.

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 expungable. 

If you have more questions about Virginia expungement law, check out my detailed article here.  

James S. Abrenio
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Focusing on criminal, traffic defense and personal injury cases