Virginia: Adult Non-Conviction Arrests (VA-C-4)

If a person is charged with a misdemeanor offense, excluding traffic infractions under Title 46.2, and (i) the person is acquitted, (ii) a nolle prosequi is entered, or (iii) the charge is otherwise dismissed, the court disposing of the matter shall, at the time the acquittal, nolle prosequi, or dismissal is entered, order that the charge be automatically sealed. Va. Code Ann. § 19.2-392.8(A). If a person is charged with a felony offense and is acquitted, or the charge is dismissed with prejudice, they may immediately upon the acquittal or dismissal, orally request that the records relating to the charge be sealed. Va. Code Ann. § 19.2-392.8(B).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

No statutory language.

Procedure General

An individual upon the acquittal or dismissal of an charge, may orally request that the records relating to the charge be sealed. Upon such request and with the concurrence of the Commonwealth, the court shall order the automatic sealing of records relating to the arrest or charge under the process described in Va. Code Ann. §€‚19.2-392.13.

Fees

There is no statutory language regarding fees.

Effect

Records will be sealed and may only be disseminated for certain purposes and according to certain rules and regulations. Va. Code Ann. § 19.2-392.8(E).

Waiting Periods

There is no waiting period.

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