                                 CODE OF VIRGINIA

DEFERRED DISPOSITION IN A CRIMINAL CASE (§ 19.2-298.02)

A. 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.

B. 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.

C. 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.
			Prior 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. 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 &#xA7; 19.2-392.2, and such
agreement of all parties and expungement eligibility may be indicated in the
final disposition order.

HISTORY: 2020, Sp. Sess. I, cc. 20, 21; 2024, c. 755.