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Old 06-26-2009, 02:59 PM
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Drunk in public?


What is the name of your state (only U.S. law)? VA


I got charged under the code 18.2-388. I didn't bother fighting it because I didn't know how much it would screw me up down the road, so I just prepaid it. What are the odds of this getting expunged? I haven't gotten in any more trouble for over 2 years now and that is pretty much the only blemish on my record (minus a moving violation). Do I contact a local lawyer (I don't live in the county I was issued the ticket)?
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Old 06-26-2009, 03:24 PM
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Quote:
Originally Posted by oyeathatguy View Post
I got charged under the code 18.2-388. I didn't bother fighting it because I didn't know how much it would screw me up down the road, so I just prepaid it. What are the odds of this getting expunged?
The violation you cite:
§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.

If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.


Since it is a misdemeanor, you can have it expunged if it is your ONLY arrest.

The Virginia expungement requirements at listed under § 19.2-392.2
Under that statute, "if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement."
[url=http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2]LIS > Code of Virginia > 19.2-392.2[/url]

Quote:
Do I contact a local lawyer
Any Virginia licensed attorney should be able to handle this.
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