{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-306.html"}],"law_id":66357,"edition_id":1,"section_id":66357,"structure_id":13940,"section_number":"16.1-306","catch_line":"Expungement of court records","history":"Code 1950, \u00a7 16.1-193; 1956, c. 555; 1977, c. 559; 1979, cc. 736, 737; 1989, c. 183; 1990, c. 258; 1993, cc. 468, 589, 926; 1994, cc. 859, 949; 1996, c. 463; 2008, c. 519; 2014, c. 271.","full_text":"A\n\nNotwithstanding the provisions of § 16.1-69.55, the clerk of the juvenile and domestic relations district court shall, on January 2 of each year or on a date designated by the court, destroy its files, papers and records, including electronic records, connected with any proceeding concerning a juvenile in such court, if such juvenile has attained the age of 19 years and five years have elapsed since the date of the last hearing in any case of the juvenile which is subject to this section. However, if the juvenile was found guilty of an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, the records shall be destroyed when the juvenile has attained the age of 29. If the juvenile was found guilty of a delinquent act which would be a felony if committed by an adult, the records shall be retained.B\n\nHowever, in all files in which the court records concerning a juvenile contain a finding of guilty of any offense ancillary to (i) a delinquent act that would be a felony if committed by an adult or (ii) any offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, the records of any such ancillary offense shall also be retained for the time specified for the felony or the offense reported to the Department of Motor Vehicles as specified in subsection A, and all such records shall be available for inspection as provided in § 16.1-305.C\n\nA person who has been the subject of a delinquency or traffic proceeding and (i) has been found innocent thereof or (ii) such proceeding was otherwise dismissed, may file a motion requesting the destruction of all records pertaining to such charge. Notice of such motion shall be given to the attorney for the Commonwealth. Unless good cause is shown why such records should not be destroyed, the court shall grant the motion, and shall send copies of the order to all officers or agencies that are repositories of such records, and all such officers and agencies shall comply with the order.D\n\nEach person shall be notified of his rights under subsections A and C of this section at the time of his dispositional hearing.E\n\nUpon destruction of the records of a proceeding as provided in subsections A, B, and C, the violation of law shall be treated as if it never occurred. All index references shall be deleted and the court and law-enforcement officers and agencies shall reply and the person may reply to any inquiry that no record exists with respect to such person.F\n\nAll docket sheets shall be destroyed in the sixth year after the last hearing date recorded on the docket sheet.","order_by":null,"text":{"0":{"id":240897,"text":"Notwithstanding the provisions of § 16.1-69.55, the clerk of the juvenile and domestic relations district court shall, on January 2 of each year or on a date designated by the court, destroy its files, papers and records, including electronic records, connected with any proceeding concerning a juvenile in such court, if such juvenile has attained the age of 19 years and five years have elapsed since the date of the last hearing in any case of the juvenile which is subject to this section. However, if the juvenile was found guilty of an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, the records shall be destroyed when the juvenile has attained the age of 29. If the juvenile was found guilty of a delinquent act which would be a felony if committed by an adult, the records shall be retained.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240898,"text":"However, in all files in which the court records concerning a juvenile contain a finding of guilty of any offense ancillary to (i) a delinquent act that would be a felony if committed by an adult or (ii) any offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, the records of any such ancillary offense shall also be retained for the time specified for the felony or the offense reported to the Department of Motor Vehicles as specified in subsection A, and all such records shall be available for inspection as provided in § 16.1-305.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240899,"text":"A person who has been the subject of a delinquency or traffic proceeding and (i) has been found innocent thereof or (ii) such proceeding was otherwise dismissed, may file a motion requesting the destruction of all records pertaining to such charge. Notice of such motion shall be given to the attorney for the Commonwealth. Unless good cause is shown why such records should not be destroyed, the court shall grant the motion, and shall send copies of the order to all officers or agencies that are repositories of such records, and all such officers and agencies shall comply with the order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240900,"text":"Each person shall be notified of his rights under subsections A and C of this section at the time of his dispositional hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":240901,"text":"Upon destruction of the records of a proceeding as provided in subsections A, B, and C, the violation of law shall be treated as if it never occurred. All index references shall be deleted and the court and law-enforcement officers and agencies shall reply and the person may reply to any inquiry that no record exists with respect to such person.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":240902,"text":"All docket sheets shall be destroyed in the sixth year after the last hearing date recorded on the docket sheet.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13940,"edition_id":1,"name":"Confidentiality and Expungement","identifier":"12","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:21","date_modified":"2026-06-26 03:46:21","permalink":{"id":161017,"object_type":"structure","relational_id":13940,"identifier":"12","token":"16.1\/11\/12","url":"\/16.1\/11\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84235,"structure_id":13940,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","url":"\/16.1-299\/","token":"16.1\/11\/12\/16.1-299","metadata":false},{"id":64607,"structure_id":13940,"section_number":"16.1-299.1","catch_line":"Sample required for DNA analysis upon conviction or adjudication of felony","url":"\/16.1-299.1\/","token":"16.1\/11\/12\/16.1-299.1","metadata":false},{"id":54996,"structure_id":13940,"section_number":"16.1-299.2","catch_line":"Repealed","url":"\/16.1-299.2\/","token":"16.1\/11\/12\/16.1-299.2","metadata":false},{"id":86382,"structure_id":13940,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","url":"\/16.1-300\/","token":"16.1\/11\/12\/16.1-300","metadata":false},{"id":74120,"structure_id":13940,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","url":"\/16.1-301\/","token":"16.1\/11\/12\/16.1-301","metadata":false},{"id":64090,"structure_id":13940,"section_number":"16.1-302","catch_line":"Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court","url":"\/16.1-302\/","token":"16.1\/11\/12\/16.1-302","metadata":false},{"id":70200,"structure_id":13940,"section_number":"16.1-302.1","catch_line":"Right of victim or representative to attend certain proceedings; notice of hearings","url":"\/16.1-302.1\/","token":"16.1\/11\/12\/16.1-302.1","metadata":false},{"id":62170,"structure_id":13940,"section_number":"16.1-303","catch_line":"Reports of court officials and employees when privileged","url":"\/16.1-303\/","token":"16.1\/11\/12\/16.1-303","metadata":false},{"id":57650,"structure_id":13940,"section_number":"16.1-304","catch_line":"Repealed","url":"\/16.1-304\/","token":"16.1\/11\/12\/16.1-304","metadata":false},{"id":87014,"structure_id":13940,"section_number":"16.1-305","catch_line":"Confidentiality of court records","url":"\/16.1-305\/","token":"16.1\/11\/12\/16.1-305","metadata":false},{"id":83654,"structure_id":13940,"section_number":"16.1-305.01","catch_line":"Access to child and spousal support case files","url":"\/16.1-305.01\/","token":"16.1\/11\/12\/16.1-305.01","metadata":false},{"id":61575,"structure_id":13940,"section_number":"16.1-305.1","catch_line":"Disclosure of disposition in certain delinquency cases","url":"\/16.1-305.1\/","token":"16.1\/11\/12\/16.1-305.1","metadata":false},{"id":72253,"structure_id":13940,"section_number":"16.1-305.2","catch_line":"Disclosure of notice of the filing of a petition and certain reports by division superintendent","url":"\/16.1-305.2\/","token":"16.1\/11\/12\/16.1-305.2","metadata":false},{"id":66357,"structure_id":13940,"section_number":"16.1-306","catch_line":"Expungement of court records","url":"\/16.1-306\/","token":"16.1\/11\/12\/16.1-306","metadata":false},{"id":83957,"structure_id":13940,"section_number":"16.1-307","catch_line":"Circuit court records regarding juveniles","url":"\/16.1-307\/","token":"16.1\/11\/12\/16.1-307","metadata":false},{"id":82034,"structure_id":13940,"section_number":"16.1-308","catch_line":"Effect of adjudication on status of child","url":"\/16.1-308\/","token":"16.1\/11\/12\/16.1-308","metadata":false},{"id":78870,"structure_id":13940,"section_number":"16.1-309","catch_line":"Penalty","url":"\/16.1-309\/","token":"16.1\/11\/12\/16.1-309","metadata":false},{"id":63770,"structure_id":13940,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","url":"\/16.1-309.1\/","token":"16.1\/11\/12\/16.1-309.1","metadata":false}],"previous_section":{"id":72253,"structure_id":13940,"section_number":"16.1-305.2","catch_line":"Disclosure of notice of the filing of a petition and certain reports by division superintendent","url":"\/16.1-305.2\/","token":"16.1\/11\/12\/16.1-305.2","metadata":false},"next_section":{"id":83957,"structure_id":13940,"section_number":"16.1-307","catch_line":"Circuit court records regarding juveniles","url":"\/16.1-307\/","token":"16.1\/11\/12\/16.1-307","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-306\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1977, chapter 559; in 1979, chapters 736 and 737; in 1989, chapter 183; in 1990, chapter 258; in 1993, chapters 468, 589, and 926; in 1994, chapters 859<\/a> and 949<\/a>; in 1996, chapter 463<\/a>; in 2008, chapter 519<\/a>; in 2014, chapter 271<\/a>.<\/p>","references":[{"id":83957,"section_number":"16.1-307","catch_line":"Circuit court records regarding juveniles","order_by":null,"url":"\/16.1-307\/"},{"id":68420,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"}],"refers_to":[{"id":68420,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"}],"permalink":{"id":161071,"object_type":"law","relational_id":66357,"identifier":"16.1-306","token":"16.1\/11\/12\/16.1-306","url":"\/16.1-306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-306\/","token":"16.1\/11\/12\/16.1-306","dublin_core":{"Title":"Expungement of court records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 16.1-69.55<\/a>, the clerk of the juvenile and domestic relations district court shall, on January 2 of each year or on a date designated by the court<\/span>, destroy its files, papers and records, including electronic records, connected with any proceeding concerning a juvenile in such court, if such juvenile has attained the age of 19 years and five years have elapsed since the date of the last hearing<\/span> in any case of the juvenile which is subject to this section. However, if the juvenile was found guilty of an offense<\/span> for which the clerk is required by § 46.2-383<\/a> to furnish an abstract to the Department<\/span> of Motor Vehicles, the records shall be destroyed when the juvenile has attained the age of 29. If the juvenile was found guilty of a delinquent act<\/span> which would be a felony<\/span> if committed by an adult<\/span>, the records shall be retained. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> However, in all files in which the court<\/span> records concerning a juvenile contain a finding<\/span> of guilty of any offense<\/span> ancillary to (i) a delinquent act<\/span> that would be a felony<\/span> if committed by an adult<\/span> or (ii) any offense<\/span> for which the clerk is required by § 46.2-383<\/a> to furnish an abstract to the Department<\/span> of Motor Vehicles, the records of any such ancillary offense<\/span> shall also be retained for the time specified for the felony<\/span> or the offense<\/span> reported to the Department<\/span> of Motor Vehicles as specified in subsection A, and all such records shall be available for inspection as provided in § 16.1-305<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person who has been the subject of a delinquency or traffic proceeding and (i) has been found innocent thereof or (ii) such proceeding was otherwise dismissed, may file a motion<\/span> requesting the destruction of all records pertaining to such charge. Notice of such motion<\/span> shall be given to the attorney for the Commonwealth. Unless good cause is shown why such records should not be destroyed, the court<\/span> shall grant the motion<\/span>, and shall send copies of the order<\/span> to all officers or agencies that are repositories of such records, and all such officers and agencies shall comply with the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each person shall be notified of his rights under subsections A and C of this section at the time of his dispositional hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon destruction of the records of a proceeding as provided in subsections A, B, and C, the violation of law<\/span> shall be treated as if it never occurred. All index references shall be deleted and the court<\/span> and law<\/span>-enforcement officers and agencies shall reply and the person may reply to any inquiry that no record exists with respect to such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> All docket<\/span> sheets shall be destroyed in the sixth year after the last hearing<\/span> date recorded on the docket<\/span> sheet. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPUNGEMENT OF COURT RECORDS (\u00a7 16.1-306)\n\nA. Notwithstanding the provisions of § 16.1-69.55, the clerk of the\njuvenile and domestic relations district court shall, on January 2 of each year\nor on a date designated by the court, destroy its files, papers and records,\nincluding electronic records, connected with any proceeding concerning a\njuvenile in such court, if such juvenile has attained the age of 19 years and\nfive years have elapsed since the date of the last hearing in any case of the\njuvenile which is subject to this section. However, if the juvenile was found\nguilty of an offense for which the clerk is required by § 46.2-383 to\nfurnish an abstract to the Department of Motor Vehicles, the records shall be\ndestroyed when the juvenile has attained the age of 29. If the juvenile was\nfound guilty of a delinquent act which would be a felony if committed by an\nadult, the records shall be retained.\n\nB. However, in all files in which the court records concerning a juvenile\ncontain a finding of guilty of any offense ancillary to (i) a delinquent act\nthat would be a felony if committed by an adult or (ii) any offense for which\nthe clerk is required by § 46.2-383 to furnish an abstract to the\nDepartment of Motor Vehicles, the records of any such ancillary offense shall\nalso be retained for the time specified for the felony or the offense reported\nto the Department of Motor Vehicles as specified in subsection A, and all such\nrecords shall be available for inspection as provided in § 16.1-305.\n\nC. A person who has been the subject of a delinquency or traffic proceeding and\n(i) has been found innocent thereof or (ii) such proceeding was otherwise\ndismissed, may file a motion requesting the destruction of all records\npertaining to such charge. Notice of such motion shall be given to the attorney\nfor the Commonwealth. Unless good cause is shown why such records should not be\ndestroyed, the court shall grant the motion, and shall send copies of the order\nto all officers or agencies that are repositories of such records, and all such\nofficers and agencies shall comply with the order.\n\nD. Each person shall be notified of his rights under subsections A and C of this\nsection at the time of his dispositional hearing.\n\nE. Upon destruction of the records of a proceeding as provided in subsections A,\nB, and C, the violation of law shall be treated as if it never occurred. All\nindex references shall be deleted and the court and law-enforcement officers and\nagencies shall reply and the person may reply to any inquiry that no record\nexists with respect to such person.\n\nF. All docket sheets shall be destroyed in the sixth year after the last hearing\ndate recorded on the docket sheet.\n\nHISTORY: Code 1950, \u00a7 16.1-193; 1956, c. 555; 1977, c. 559; 1979, cc. 736, 737;\n1989, c. 183; 1990, c. 258; 1993, cc. 468, 589, 926; 1994, cc. 859, 949; 1996,\nc. 463; 2008, c. 519; 2014, c. 271.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}