Virginia: Adult Convictions (VA-C-6)

Records of convictions for prostitution and related offenses can be vacated and expunged by the court if the petitioner's participation in the offense was a result of having been a victim of sex trafficking. Va. Code Ann. § 19.2-327.19(A).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

No statutory language.

Procedure General

If a writ of vacatur is granted pursuant to Va. Code Ann. § 19.2-327.18(A), an order of expungement for the qualifying offense shall be entered by the circuit court. Va. Code Ann. § 19.2-327.19(A).

Fees

If the court enters a writ of vacatur, the petitioner shall be entitled to a refund of all fines, costs, forfeitures, and penalties paid in relation to the qualifying offense that was vacated. Va. Code Ann. § 19.2-327.19(E).

Effect

If a writ of vacatur is granted, an order of expungement shall be entered by the circuit court. Upon entry of the order, the clerk of court shall forward a copy of the writ of vacatur, the order, and the petitioner's fingerprints to the Department of State Police, which shall expunge the qualifying offense. Va. Code Ann. § 19.2-327.19(B). Such copy shall be sufficient proof that the person named in the writ is no longer under any disability, disqualification, or other adverse consequence resulting from the vacated conviction or adjudication of delinquency. Va. Code Ann. §§ 19.2-327.19 (A), (B).

Waiting Periods

There is no statutory language regarding a waiting period.

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