First Offender Program for Marijuana in Virginia

As a student, you may be wondering if you can get a first offense for marijuana possession dismissed, so that you can protect your record upon graduation. Under Virginia Code Section 18.2-251, the judge may assign the student to the First Offender Program for Marijuana in Virginia, which allows dismissal after certain conditions are met.

Under the First Offender Program, you will be required to complete community service; a substance abuse class; and, pay a fine or court costs, while the case is taken under advisement for a year. Your license to drive may also be restricted for a period of six months. So long as you complete these steps and do not incur further violations, the charge is dismissed by the court.

In my experience handling these cases, a first offender dismissal is treated as a full dismissal for employers and graduate schools. Further, by affording you the benefit of the first offender program, you will be able to truthfully answer on job applications and graduate school applications that you have not been convicted of a crime because the charge itself. Most employers only check for convictions, not charges. In any event, this is the best possible outcome under the circumstances if the government can otherwise prove actual possession and if there is a confession to knowingly possessing marijuana.

One final consideration: if the government cannot prove each of the elements under Virginia Code Section 18.2-250.1 (Possession of Marijuana), then it may be possible to get the charge dismissed completely without having to enter into the First Offender Program. Further, please note that charges under the First Offender Program are not eligible for expungement, whereas a dismissal is eligible for expungement. Therefore, you should speak with a Blacksburg criminal defense lawyer to see what can be done to get the charge dismissed prior to court.