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FORNESS v. COMMONWEALTH

Record No. 210893.

882 S.E.2d 201 (2023)

Nolan Marcus FORNESS, II v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 19, 2023.

Attorney(s) appearing for the Case

Alan J. Cilman on brief, for appellant.

No brief filed by appellee.

Amicus Curiae: The Attorney General of Virginia ( Jason S. Miyares , Attorney General; Andrew F. Ferguson , Solicitor General; Charles H. Slemp III , Chief Deputy Attorney General; Erika L. Maley , Principal Deputy Solicitor General; Lucas W.E. Croslow , Deputy Solicitor General; M. Jordan Minot , Assistant Soicitor General, on brief), in support of appellee.

PRESENT: All the Justices.

Nolan Marcus Forness, II ("Forness") appeals the decision of the Circuit Court of Arlington County denying his petition for expungement.

I. BACKGROUND

On November 21, 2019, Forness was arrested and charged with a felony violation of Code § 18.2-266 for driving while intoxicated "after having...

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