Manassas, VA criminal defense attorney Nicole Naum talks about who should consider expungement. She notes that expungement in Virginia is currently limited to individuals who have maintained actual innocence in their case. This includes those whose cases were dismissed without a plea, resolved through an accord and satisfaction, or dismissed under Virginia Code §19.2-298.2. She advises that anyone in this position should consider pursuing expungement, as even a dismissed charge can create the impression that wrongdoing occurred and was somehow avoided.

For those who have maintained their innocence, having the record expunged ensures that the initial arrest and charge do not remain visible or continue to impact their life. She emphasizes that taking this additional step is important because, even when a case is dismissed, the presence of the record alone can influence how others perceive the individual.