Virginia: Adult Convictions (VA-C-1)

Records relating to a charge for which the petitioner received an absolute pardon because of factual innocence are expunged. Va. Code Ann. § 19.2-392.2(I).

Record Detail(s)

Pardon

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. For the specific procedure, see Va. Code Ann. § 19.2-392.2(l).

Fees

No fees can be required under this subsection. Va. Code Ann. § 19.2-392.2(B).

Effect

Upon the entry of an order of expungement, the clerk of the court shall forward a copy of the order to the Department of State Police, which shall, pursuant to certain rules and regulations, direct the manner by which the appropriate expungement or removal of such records shall be effected. Va. Code Ann. § 19.2-392.2(K).

Forms

For information regarding expungement due to a factual pardon, visit here.

Waiting Periods

There is no statutory language regarding a waiting period.

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