Brown v. Com.

• Decision Date: 04 June 2009
• Docket Number: Record No. 081588.,Record No. 081417.
• Citation: 278 Va. 92,677 S.E.2d 220
• Parties: Matthew Paul BROWN v. COMMONWEALTH of Virginia Commonwealth of Virginia v. Kimberly Dawn Compton.
• Court: Virginia Supreme Court

677 S.E.2d 220

278 Va. 92

Matthew Paul BROWN v. COMMONWEALTH of Virginia

Commonwealth of Virginia v. Kimberly Dawn Compton.

Record No. 081417.

Record No. 081588.

Supreme Court of Virginia.

June 4, 2009.

Christopher K. Kowalczuk, Roanoke, for appellant, in Record No. 081417.

J. Robert Bryden II, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee, in Record No. 081417.

Colette Marie Wilcox, Assistant Commonwealth's Attorney, for appellant, in Record No. 081588.

Michael A. Bishop, for appellee, in Record No. 081588.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In both of these cases involving expungements of police and court records relating to criminal charges, we primarily address whether the petitioners had a right to seek expungement under one of the applicable provisions of Code § 19.2-392.2(A), specifically whether the criminal charges at issue were "otherwise dismissed." Because the criminal charges were dismissed without the petitioners' entering a plea and without any finding that the evidence was sufficient to establish guilt, we conclude that both petitioners were entitled to seek the requested expungements.

I. RELEVANT FACTS AND PROCEEDINGS

Although these appeals involve a common question, their facts and procedural histories differ somewhat. Therefore, we will first summarize the relevant facts of each case and then analyze the dispositive issue that the appeals share.

A. Brown v. Commonwealth

Matthew Paul Brown filed an amended petition in the Circuit Court of the City of Salem requesting the expungement of the police and court records concerning two separate criminal charges. The first charge was for misdemeanor obstruction of justice in violation of Code § 18.2-460. With regard to that charge, the Salem General District Court entered an order of nolle prosequi. The second charge was for misdemeanor assault and battery in violation of Code § 18.2-57. The Salem General District Court took that charge under advisement for twelve months pending Brown's successful completion of an alcohol treatment program. The district court did so without Brown's entering a plea and without any finding that the evidence was sufficient to establish Brown's guilt of the charged offense. One year later, the district court found that Brown had completed the program and ordered the charge dismissed.

At a hearing before the circuit court on the amended petition for expungement, Brown emphasized the assault and battery charge had been dismissed without his entering a plea and without a finding by the district court that the evidence was sufficient to convict him of the offense. Therefore, argued Brown, the charge was "otherwise dismissed" under the terms of Code § 19.2-392.2(A)(2). The Commonwealth asserted, however, that because a condition was placed on the dismissal of the assault and battery charge and Brown complied with that condition, he was not eligible to have the records regarding the assault and battery charge expunged.

The circuit court granted Brown's request for expungement of the records regarding the obstruction of justice charge, finding "that the continued existence and possible dissemination of information relating to the arrest of petitioner . . . on the charge of obstruction of justice . . . may cause circumstances that constitute a manifest injustice to said petitioner." The circuit court, however, denied expungement of the records concerning the assault and battery charge. The court concluded that Brown did not meet the requirements of Code § 19.2-392.2(A)(2) because a dismissal conditioned upon completion of an alcohol treatment program "is not something that would occur on somebody who was innocent of the offense."

On appeal to this Court, Brown challenges that part of the circuit court's judgment refusing to expunge the records concerning the assault and battery charge.¹ Brown argues that he was entitled to expungement of those records because the assault and battery charge was "otherwise dismissed" as required by the provisions of Code § 19.2-392.2(A)(2), the charge was a misdemeanor offense, and he has no prior criminal record.

The Commonwealth disagrees and claims Brown is not entitled to expungement of the records at issue. According to the Commonwealth, Brown did not meet the threshold requirement for expungement because he agreed to complete an alcohol treatment program and the dismissal of the criminal charge was conditioned upon his completion of that program. The Commonwealth thus argues that Brown is not innocent of the assault and battery charge. Citing this Court's decision in Gregg v. Commonwealth, 227 Va. 504, 316 S.E.2d 741 (1984), the Commonwealth asserts that an individual who is not innocent of a criminal charge does not qualify as a person whose charge was "otherwise dismissed" under the expungement statute.

B. Commonwealth v. Compton

Kimberly Dawn Compton filed a petition in the Circuit Court of the City of Bristol requesting the expungement of all police and court records concerning a felony charge for abuse and neglect of a child in violation of Code § 18.2-371.1. With regard to the charge, the Bristol Juvenile and Domestic Relations District Court, without Compton's entering a plea and without finding the evidence sufficient to establish guilt, entered an order stating it was "agreed" that the district court would take the charge under advisement for six months and Compton would "submit a written parenting plan to the court and perform 20 hours of community service to be monitored by the [court service unit]." The order further stated, "If at the end of the period and no other adverse reports the case shall be dismissed [without] appearance." Approximately six months later, the district court entered a second order stating, "Matter Dismissed. All requirements met. No additional charges."

The Commonwealth contested the petition for expungement on the grounds that Compton's charge was not "otherwise dismissed" as required by Code § 19.2-392.2(A)(2). The Commonwealth argued that by accepting the district court's conditions for dismissal, Compton "tacitly admitted that the Commonwealth possessed sufficient evidence to sustain [the] accusation if the matter proceeded to trial," and she therefore was not an "innocent" person entitled to seek expungement.

The circuit court granted the expungement of the police and court records pertaining to the abuse and neglect charge. The court found that the district court, "without taking a plea or hearing evidence, took the matter under advisement for six months [without making] findings of fact[ ] sufficient to sustain a conviction [or a] finding of probable cause" and then dismissed the felony charge against Compton. The circuit court further found

that the continued presence of the charge on her record has created an inability for . . . Compton to find permanent employment in her chosen field, and [she] has been denied several teaching opportunities as a result of the nature of the charge on her criminal record [and] the continued existence and possible dissemination of information relating to the arrest and charges placed against the petitioner have caused, and continue to cause circumstances which constitute a manifest injustice to [Compton].

The Commonwealth appeals the circuit court's judgment, claiming that the circuit court erred in (1) finding that Compton "was innocent of the charge, qualifying her dismissal for expungement"; (2) "holding that taking a case under advisement conditioned upon completion of terms and subsequent dismissal was a case that was `otherwise dismissed' pursuant to . . . Code § 19.2-392.2(A)(2)"; and (3) "finding that the continued existence of the charge on [her] record constitutes manifest injustice." The Commonwealth argues, as it did before the circuit court, that Compton does not have the status of an innocent person for purposes of expungement because the criminal charge was dismissed only upon her satisfaction of a penalty imposed by judicial authority. Such a dismissal, according to the Commonwealth, does not qualify as a charge "otherwise dismissed."

In response, Compton points out that she did not enter any plea to the criminal charge and that the district court made no findings regarding the sufficiency of the evidence. According to Compton, the district court's order merely reflected the parties' agreement that the charge would be dismissed if she submitted a written parenting plan and completed twenty hours of community service. Compton thus contends that the charge of abuse and neglect was "otherwise dismissed" under Code § 19.2-392.2(A)(2).

II. ANALYSIS

The expungement statute provides, in relevant part, that a person "may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records" relating to "any offense defined in Title 18.2" if the person "[i]s acquitted, or [a] nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151." Code § 19.2-392.2(A). When considering a petition for expungement of police and court records relating to a criminal charge, "the threshold determination . . . is whether the petitioner has a right to seek expungement of those records under an applicable provision of Code § 19.2-392.2(A)." Daniel v. Commonwealth, 268 Va. 523, 530, 604 S.E.2d 444, 448 (2004). In both appeals presently before us, there is no dispute that neither Brown nor Compton was acquitted of the respective criminal charge, nor was a nolle prosequi taken as to either charge.² Thus, in order for the petitioners to have a right to seek expungements of the police and court records relating to the criminal charges at issue, those charges must have been "otherwise dismissed" under Code § 19.2-392.2(A)(2).

In four previous decisions, this Court has examined under what circumstances a...