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State court of last resort · ST-VA-SC
Daniel v. Commonwealth
No. 040116Supreme Court of Virginia
040116 Daniel v. Commonwealth 11/05/2004 The trial court did not err in concluding that an assault and battery charge taken under advisement for one year, and later dismissed, was not "otherwise dismissed" as …
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040116 Daniel v. Commonwealth 11/05/2004 The trial court did not err in concluding that an assault and battery charge taken under…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 5, 2004
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040116 Daniel v. Commonwealth 11/05/2004 The trial court did not err in concluding that an assault and battery charge taken under advisement for one year, and later dismissed, was not "otherwise dismissed" as contemplated by Code § 19.2-392.2(A)(2), and it properly denied a petition for expungement on that ground. Further, the statute does not contemplate a hearing to permit the petitioner to assert his innocence of the original criminal charge. The judgment is affirmed.
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