Forness v. Commonwealth

PRESENT: All the Justices NOLAN MARCUS FORNESS, II OPINION BY v. Record No. 210893 JUSTICE CLEO E. POWELL JANUARY 19, 2023 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF ARLINGTON COUNTY Daniel S. Fiore, Judge 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 committed a previous violation of § 18.2-36.1, 18.2-51.4, 18.2-51.5, or a felony violation…