{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-298.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-298.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-298.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-298.02.html"}],"law_id":82939,"edition_id":1,"section_id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","history":"2020, Sp. Sess. I, cc. 20, 21; 2024, c. 755.","full_text":"A\n\nA trial court presiding in a criminal case may, with the agreement of the defendant and the Commonwealth, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, including (i) mitigating factors relating to the defendant or the offense, (ii) the request of the victim, or (iii) any other appropriate factors, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. Final disposition may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.B\n\nUpon violation of a term or condition, the court may enter an adjudication of guilt, if not already entered, and make any final disposition of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case.C\n\nBy consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.\n\t\t\tPrior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.D\n\nUpon agreement of all parties, a charge that is dismissed pursuant to this section, including an original charge that was reduced or a charge that is dismissed after a plea or stipulation of the facts that would justify a finding of guilt, may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with § 19.2-392.2, and such agreement of all parties and expungement eligibility may be indicated in the final disposition order.","order_by":null,"text":{"0":{"id":297260,"text":"A trial court presiding in a criminal case may, with the agreement of the defendant and the Commonwealth, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, including (i) mitigating factors relating to the defendant or the offense, (ii) the request of the victim, or (iii) any other appropriate factors, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. Final disposition may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297261,"text":"Upon violation of a term or condition, the court may enter an adjudication of guilt, if not already entered, and make any final disposition of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":297262,"text":"By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.\n\t\t\tPrior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":297263,"text":"Upon agreement of all parties, a charge that is dismissed pursuant to this section, including an original charge that was reduced or a charge that is dismissed after a plea or stipulation of the facts that would justify a finding of guilt, may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with § 19.2-392.2, and such agreement of all parties and expungement eligibility may be indicated in the final disposition order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 755<\/a>.<\/p>","references":[{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"}],"refers_to":[{"id":77838,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","order_by":null,"url":"\/19.2-392.2\/"}],"permalink":{"id":169485,"object_type":"law","relational_id":82939,"identifier":"19.2-298.02","token":"19.2\/18\/1\/19.2-298.02","url":"\/19.2-298.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","dublin_core":{"Title":"Deferred disposition in a criminal case","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-298.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A trial<\/span> court<\/span> presiding in a criminal case may, with the agreement of the defendant<\/span> and the Commonwealth, after any plea<\/span> or trial<\/span>, with or without a determination, finding<\/span>, or pronouncement of guilt, and notwithstanding the entry of a conviction<\/span> order, upon consideration of the facts<\/span> and circumstances of the case, including (i) mitigating factors relating to the defendant<\/span> or the offense<\/span>, (ii) the request of the victim, or (iii) any other appropriate factors, defer proceedings, defer entry of a conviction<\/span> order, if none, or defer entry of a final order<\/span>, and continue the case for final disposition<\/span>, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court<\/span>. Final disposition<\/span> may include (a) conviction<\/span> of the original charge, (b) conviction<\/span> of an alternative charge, or (c) dismissal<\/span> of the proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon violation of a term or condition, the court<\/span> may enter an adjudication of guilt, if not already entered, and make any final disposition<\/span> of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court<\/span> shall adjudicate<\/span> the matter consistent with the agreement of the parties or, if none, by conviction<\/span> of an alternative charge or dismissal<\/span> of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order<\/span> of guilt and fulfilling the conditions as specified by the court<\/span> as provided by subsection A, the defendant<\/span> waives<\/span> his right to appeal<\/span> such entry of a final order<\/span> of guilt.\n\t\t\tPrior to granting a deferral of proceedings, a deferral of entry of a conviction<\/span> order, if none, or a deferral of a final order<\/span>, the court<\/span> shall notify the defendant<\/span> that he would be waiving his rights to appeal<\/span> any final order<\/span> of guilt if such deferral is granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon agreement of all parties, a charge that is dismissed pursuant to this section, including an original charge that was reduced or a charge that is dismissed after a plea<\/span> or stipulation<\/span> of the facts<\/span> that would justify a finding<\/span> of guilt, may be considered as otherwise dismissed for purposes of expungement of police and court<\/span> records in accordance with § 19.2-392.2<\/a>, and such agreement of all parties and expungement eligibility may be indicated in the final disposition<\/span> order. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFERRED DISPOSITION IN A CRIMINAL CASE (\u00a7 19.2-298.02)\n\nA. A trial court presiding in a criminal case may, with the agreement of the\ndefendant and the Commonwealth, after any plea or trial, with or without a\ndetermination, finding, or pronouncement of guilt, and notwithstanding the entry\nof a conviction order, upon consideration of the facts and circumstances of the\ncase, including (i) mitigating factors relating to the defendant or the offense,\n(ii) the request of the victim, or (iii) any other appropriate factors, defer\nproceedings, defer entry of a conviction order, if none, or defer entry of a\nfinal order, and continue the case for final disposition, on such reasonable\nterms and conditions as may be agreed upon by the parties and placed on the\nrecord, or if there is no agreement, as may be imposed by the court. Final\ndisposition may include (a) conviction of the original charge, (b) conviction of\nan alternative charge, or (c) dismissal of the proceedings.\n\nB. Upon violation of a term or condition, the court may enter an adjudication of\nguilt, if not already entered, and make any final disposition of the case\nprovided by subsection A. Upon fulfillment of the terms and conditions, the\ncourt shall adjudicate the matter consistent with the agreement of the parties\nor, if none, by conviction of an alternative charge or dismissal of the case.\n\nC. By consenting to and receiving a deferral of proceedings or a deferral of\nentry of a final order of guilt and fulfilling the conditions as specified by\nthe court as provided by subsection A, the defendant waives his right to appeal\nsuch entry of a final order of guilt.\n\t\t\tPrior to granting a deferral of proceedings, a deferral of entry of a\nconviction order, if none, or a deferral of a final order, the court shall\nnotify the defendant that he would be waiving his rights to appeal any final\norder of guilt if such deferral is granted.\n\nD. Upon agreement of all parties, a charge that is dismissed pursuant to this\nsection, including an original charge that was reduced or a charge that is\ndismissed after a plea or stipulation of the facts that would justify a finding\nof guilt, may be considered as otherwise dismissed for purposes of expungement\nof police and court records in accordance with § 19.2-392.2, and such\nagreement of all parties and expungement eligibility may be indicated in the\nfinal disposition order.\n\nHISTORY: 2020, Sp. Sess. I, cc. 20, 21; 2024, c. 755.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}