[1] He worked as a staff attorney for the National Labor Relations Board for two years before going into private practice.

While on the circuit court, he presided over the case of John Allen Muhammad, the mastermind of the D.C. sniper attacks, which brought him national attention.

[4] Alston was elevated to the Virginia Court of Appeals in 2009 to fill the vacancy created upon the retirement of Jean Harrison Clements.

In another case a man whose 21-month-old child died in a sweltering van, the jury recommended a one-year prison sentence.

However Alston instead ordered the father to spend a day in jail for seven years on the anniversary of his daughter's death and run an annual blood drive in her name.

[17] In December 2023, Alston issued a temporary restraining order (TRO) preventing the U.S. Army from removing the 1914 Confederate Monument at Arlington National Cemetery, pending a hearing.

[19][20] However, one day after issuing the TRO, Alston allow the removal to go forward, denying the plaintiff's request for a preliminary injunction; during a hearing and in an order, Alston wrote that Defend Arlington had not come forward with evidence of any disturbance of graves, and during a site visit he had seen nothing supporting the group's claims.