Virginia: Adult Non-Conviction Arrests (VA-NC-2)

Records relating to an arrest can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.11(A).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Persons with convictions requiring a report to the Central Criminal Records Exchange under Va. Code Ann. §19.2-390(A) in the past three years, excluding traffic infractions under Title 46.2, are ineligible. Va. Code Ann. § 19.2-392.11(A).

Procedure General

The procedure is automatic. Upon receiving an electronic list of offenses from the Department of State Police, the chief judge of that circuit court shall enter an order directing that the offenses be automatically sealed under the process described in Va. Code Ann. § 19.2-392.13. Va. Code Ann. § § 19.2-392.13(C), (D).

Fees

There is no statutory language regarding fees.

Effect

The clerk of each circuit court shall provide an electronic copy of any order entered under subsection Va. Code Ann. §€‚19.2-392.13(D) to the Department of State Police on at least an annual basis. Upon receipt of such order, the Department of State Police shall proceed as set forth in Va. Code Ann. §€‚19.2-392.13.

Waiting Periods

There is no waiting period.

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