Can someone help with Drunk in public advice?

[ace26ace]

I'm from VA---trying ot figure out how long a dunk in public charge remains on record and how I can get it expunged. I looked up VA code for it and was held without my consent, which is clearly states in the code VA code 18.2-388 that "In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center." Also, I was on private property when arrested and want to know if i can use this info to get it expunged. This happened 5 years ago and it was just brought to my attention that it appeared as a misdemeanor on my record. Can someone please help me with information regarding this matter?

VR,

ShaneWhat is the name of your state?

[fairisfair]

Originally Posted by ace26ace

I'm from VA---trying ot figure out how long a dunk in public charge remains on record and how I can get it expunged. I looked up VA code for it and was held without my consent, which is clearly states in the code VA code 18.2-388 that "In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center." Also, I was on private property when arrested and want to know if i can use this info to get it expunged. This happened 5 years ago and it was just brought to my attention that it appeared as a misdemeanor on my record. Can someone please help me with information regarding this matter?

VR,

ShaneWhat is the name of your state?

I think you are confused. The statute states that you may be tranported to a facility in lieu of arrest, and that a person cannot be involuntarily detained in that center. That doesn't mean that they can't take you to jail, or hold you in their car and write you a ticket, you were obviously arrested, or in any event charged with the crime. Look up Virginia expungement for those items that are eligible for expungent and for the process to do so.

[Happy Trails]

Originally Posted by ace26ace

Also, I was on private property when arrested and want to know if i can use this info to get it expunged. This happened 5 years ago and it was just brought to my attention that it appeared as a misdemeanor on my record. Can someone please help me with information regarding this matter?

In this case:

[url]http://www.courts.state.va.us/txtops/2276003.txt[/url]

"Crislip was on his front porch in open view of nearby neighboring homes and the public street, was in a place visible to the public for purposes of the statute. Crislip was "in public" and intoxicated."

He was found guilty of public intoxication.

-------------

Copy and paste the following without the "urls" to see if you qualify for expungement.

[url]http://lawdigest.uslegalforms.com/expungement-of-criminal-records/index.php?dID=5632[/url]