MacDonald v. Commonwealth

By Judge Lorraine Nordlund

This matter came before the Court on October 4, 2011, upon the Petitioner’s Motion for Expungement of Records. At the conclusion of the hearing, the Court took the matter under advisement. After careful consideration of the Motion, the arguments of counsel, and the relevant legal authority, the Court is prepared to rule in this matter.

Facts

The parties do not dispute the following facts. On February 22, 2001, Neil Perry MacDonald was arrested by the Fairfax County Police Department for the sale and/or distribution of marijuana in violation of Virginia Code § 18.2-…