Commonwealth v. Jackson

In this appeal, we consider whether under the specific facts of this case a person who has entered a plea of nolo contendere to a criminal charge is entitled to have her arrest record subsequently expunged under Code § 19.2-392.2.

The facts are not in dispute. On January 10, 1995, Lynnette M. Jackson entered a plea of nolo contendere to a charge of misdemeanor concealment of merchandise, Code § 18.2-103, in the General District Court of the City of Hampton. That court found the evidence sufficient to convict, but refrained from entering a judgment of guilty and imposing sentence on condition…