Virginia: Adult Non-Conviction Arrests (VA-NC-1)

Records relating to an arrest can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.2(A).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

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 circuit court in the county or city in which the case was disposed. For the specific procedure, see Va. Code Ann. § 19.2-392.2.

Fees

There are no fees

Effect

For the procedure to expunge physical and electronic copies, see 6 VAC 20-120-80.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).

Forms

For an application for this type of expungement, visit here.

Waiting Periods

There is no statutory language regarding a waiting period.

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