What is a Section 251 Disposition?

Many people ask whether Virginia has a sentencing alternative similar to a SIS (suspended imposition of sentence) or a PBJ (probation before judgment) where the accused is placed on probation and has the opportunity to have the charge dismissed at a later date. Virginia does have such a program for drug possession charges (and only possession)- both felony and misdemeanor.

Virginia Code section 18.2-251 allows the defendant to be placed on probation. If the accused successfully completes probation, community service hours, a drug education or treatment program, and remains of good behavior, the drug possession charge can be dismissed. However, in felony cases the probation period is usually two years and there will be a six month license suspension.  This type of disposition is only available in simple possession cases - not possession with intent to distribute or distribution cases. 

Moreover, even if the charge is dismissed, it will remain on the criminal record of the accused, but will be marked as "dismissed." Such a dismissal cannot be expunged from a criminal record. 

Discuss Your Case with a Fairfax Drug Possession Lawyer

If you have a pending drug possession case and would like to explore whether a 251 disposition is a good idea for you, contact Manikas Law LLC to talk to an experienced Fairfax Virginia Drug Possession Lawyer.  You can reach us at 703-556-0004 or by using the Contact Us page or box on this page.