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Ending Without A Conviction

Va. Code 18.2-251 — a first drug possession charge deferred, with treatment, testing and community service, then dismissed

A first offense. When a person with no prior drug conviction, and no earlier dismissal under the section, pleads to possession of a controlled substance and the facts would justify a finding of guilt, the court may, with the accused's consent and without entering a judgment of guilt, defer proceedings and place the person on probation.

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The conditions. The court requires a substance abuse assessment and treatment or education, paid for based on ability to pay unless the person is indigent; remaining drug and alcohol free, with testing; reasonable efforts to keep employment; and community service of at least 100 hours for a felony or up to 24 hours for a misdemeanor.

Dismissed. On fulfillment of the terms, and once the clerk has the person's fingerprints, the court discharges the person and dismisses the proceedings without adjudication of guilt. The dismissal counts as a conviction only for applying the section in later proceedings.

Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed Virginia attorney. Sealing has its own page.

Sources for this section (1)
  1. Va. Code 18.2-251 — Persons charged with first offense may be placed on probation; conditions

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.

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