Virginia: Adult Diversion/Deferral Program (VA-D-1)

Records resulting in a deferred and dismissed disposition or conviction can be sealed. Va. Code Ann. § 19.2-392.12(A).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, unless otherwise stipulated

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

A petitioner who (a) has been convicted of offenses such as manslaughter, maiming, etc, (b) has been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (c) has been convicted of a Class 3 or 4 felony within the past 20 years, or (d) has been convicted of any other felony within the past 10 years of their petition, is ineligible. Va. Code Ann. § 19.2-392.12(A)

Procedure General

The petition shall be filed in the circuit court of the county or city in which the case was disposed. Va. Code Ann. § 19.2-392.12(C).

Fees

Payment of fees or costs are required, unless the court finds the petitioner to be indigent pursuant to Va. Code Ann. §€‚19.2-159. Va. Code Ann. § 19.2-392.12(B).

Effect

Upon entry of an order of sealing, the clerk of court shall not disseminate any court record of such arrest, charge, or conviction, except in certain circumstances. The records will be sealed in accordance with Va. Code Ann. § 19.2-392; Va. Code Ann. § 19.2-392.12(I).

Waiting Periods

There is no waiting period.

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