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DANIEL v. COM.

Record No. 040116.

604 S.E.2d 444 (2004)

268 Va. 523

Joseph Tilghman DANIEL v. COMMONWEALTH OF VIRGINIA.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

Larry A. Pochucha (Bowen, Champlin, Carr & Rockecharlie, on brief), Richmond, for appellant.

Kathleen B. Martin, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ.

Opinion by Justice LAWRENCE L. KOONTZ, Jr.

In this appeal, we consider whether under the specific facts of this case the Circuit Court of Sussex County, the trial court, properly denied a petition for expungement of the police and court records relating to a criminal charge under Code § 19.2-392.2. We also consider whether the trial court was required under Code § 19.2-392.2(F) to conduct an evidentiary hearing to determine the guilt or innocence of the...

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