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NECAISE v. COM.

Record No. 100157.

708 S.E.2d 864 (2011)

Shawn S. NECAISE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 21, 2011.

Attorney(s) appearing for the Case

Romeo G. Lumaban (Smith Law Firm, on brief), Hampton, for appellant.

Brian J. Smalls , Assistant Commonwealth's Attorney ( Howard E. Gwynn , Commonwealth's Attorney, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL and KOONTZ, S.JJ.

OPINION BY Senior Justice CHARLES S. RUSSELL.

Code § 19.2-392.2 provides for the expungement of police and court records in certain specified circumstances. This appeal presents the question whether those circumstances include a situation in which a defendant seeks expungement of records of felony charges disposed of by the court's acceptance of the defendant's guilty pleas to lesser included misdemeanor offenses. We answer that question in the negative.

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