Overview Description

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).

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).


There is no statutory language regarding fees.


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).

(non-prod server)