Virginia: Adult Factual Innocence (VA-FI-2)

Records relating to a conviction for which a writ of factual innocence is issued by the state supreme court will be expunged by the trial court. Va. Code Ann. § § 19.2-327.5, 19.2-327.13.

Record Detail(s)

Pardon

Improper conviction

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

At court's discretion

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Upon receiving a writ of factual innocence from the state supreme court, the trial court will order the expungement of police and court records. Va. Code Ann. § § 19.2-327.5, 19.2-327.13.

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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