Virginia: Adult Factual Innocence (VA-FI-1)

Criminal records resulting from identity theft can be expunged by the court. Va. Code Ann. § 19.2-392.2(B).

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court in which the case was disposed. For the specific procedure, see Va. Code Ann. § 19.2-392.2.

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).

Waiting Periods

There is no statutory language regarding a waiting period.

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