{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.17.html"}],"law_id":84043,"edition_id":1,"section_id":84043,"structure_id":15478,"section_number":"19.2-327.17","catch_line":"Contents and form of the petition for vacatur","history":"2021, Sp. Sess. I, c. 543; 2025, cc. 633, 663.","full_text":"A\n\nAny victim of human trafficking may file a petition for vacatur setting forth the relevant facts and requesting that the judgment of a conviction or adjudication of delinquency be vacated. Such petition shall allege categorically and with specificity, under oath, all of the following:1\n\nThe petitioner was convicted or adjudicated delinquent of a qualifying offense, including the date on which the qualifying offense occurred, the date of final disposition on which the conviction or adjudication of delinquency was entered, the petitioner’s date of birth, and the full name used by the petitioner at the time of the offense;2\n\nThe petitioner was a victim of human trafficking at the time he committed the qualifying offense and his status as a victim of human trafficking was the proximate cause of the commission of the qualifying offense; and3\n\nWhether the petitioner has previously filed any other petition in accordance with this chapter in any circuit court and, if so, the disposition of such petition.B\n\nSuch petition shall contain all relevant allegations of facts that are known to the petitioner at the time of filing, which shall include a short, plain statement demonstrating (i) that the petitioner is entitled to relief under this chapter; (ii) the identity of the human trafficker, to the best of the petitioner’s knowledge; (iii) the approximate date, time, place, and manner in which the petitioner became a victim of human trafficking; (iv) the petitioner’s age at the time he became a victim of human trafficking; (v) how the petitioner became involved in the activities resulting in his arrest, prosecution, and conviction or adjudication; and (vi) that the petitioner has ceased to be a victim of human trafficking or has sought rehabilitative services. Such statement shall be filed under seal and provided only to the circuit court and the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may provide the information provided in such statement, with the exception of the petitioner’s identity, to any law-enforcement agency to investigate or prosecute criminal activity. The identity of the petitioner shall only be provided to law enforcement upon notice to the petitioner and an order of the circuit court authorizing such disclosure. Nothing in this subsection shall be construed to mandate a petitioner’s cooperation with law enforcement in any resulting investigation or prosecution.\n\t\t\tThe petition shall be filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the circuit court may allow the petitioner to amend the petition to correct any deficiency. If the petitioner fails to submit a completed form containing the allegations set forth in subsection A, or if the circuit court has previously dismissed a petition for vacatur from the same petitioner for the same qualifying offense following a hearing conducted pursuant to § 19.2-327.18, the court may dismiss the petition. Any false statement in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution of perjury as provided for in § 18.2-434.C\n\nThe petitioner shall obtain from a law-enforcement agency one complete set of the petitioner’s fingerprints and shall file those fingerprints with the circuit court with the petition.D\n\nThe Commonwealth shall be made party defendant to the proceeding. The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 30 days after receipt of the petition. Upon the motion of the attorney for the Commonwealth and for good cause shown, the court may allow the attorney for the Commonwealth up to an additional 30 days to respond to the petition.E\n\nA person convicted or adjudicated delinquent of multiple qualifying offenses shall include all qualifying offenses in one petition, if such convictions or adjudications were all entered in the same city or county. A person convicted or adjudicated delinquent of qualifying offenses in different cities or counties shall file petitions in the circuit courts of the cities or counties in which the convictions or adjudications of delinquency were entered.","order_by":null,"text":{"0":{"id":301185,"text":"Any victim of human trafficking may file a petition for vacatur setting forth the relevant facts and requesting that the judgment of a conviction or adjudication of delinquency be vacated. Such petition shall allege categorically and with specificity, under oath, all of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":301186,"text":"The petitioner was convicted or adjudicated delinquent of a qualifying offense, including the date on which the qualifying offense occurred, the date of final disposition on which the conviction or adjudication of delinquency was entered, the petitioner’s date of birth, and the full name used by the petitioner at the time of the offense;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":301187,"text":"The petitioner was a victim of human trafficking at the time he committed the qualifying offense and his status as a victim of human trafficking was the proximate cause of the commission of the qualifying offense; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":301188,"text":"Whether the petitioner has previously filed any other petition in accordance with this chapter in any circuit court and, if so, the disposition of such petition.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":301189,"text":"Such petition shall contain all relevant allegations of facts that are known to the petitioner at the time of filing, which shall include a short, plain statement demonstrating (i) that the petitioner is entitled to relief under this chapter; (ii) the identity of the human trafficker, to the best of the petitioner’s knowledge; (iii) the approximate date, time, place, and manner in which the petitioner became a victim of human trafficking; (iv) the petitioner’s age at the time he became a victim of human trafficking; (v) how the petitioner became involved in the activities resulting in his arrest, prosecution, and conviction or adjudication; and (vi) that the petitioner has ceased to be a victim of human trafficking or has sought rehabilitative services. Such statement shall be filed under seal and provided only to the circuit court and the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may provide the information provided in such statement, with the exception of the petitioner’s identity, to any law-enforcement agency to investigate or prosecute criminal activity. The identity of the petitioner shall only be provided to law enforcement upon notice to the petitioner and an order of the circuit court authorizing such disclosure. Nothing in this subsection shall be construed to mandate a petitioner’s cooperation with law enforcement in any resulting investigation or prosecution.\n\t\t\tThe petition shall be filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the circuit court may allow the petitioner to amend the petition to correct any deficiency. If the petitioner fails to submit a completed form containing the allegations set forth in subsection A, or if the circuit court has previously dismissed a petition for vacatur from the same petitioner for the same qualifying offense following a hearing conducted pursuant to § 19.2-327.18, the court may dismiss the petition. Any false statement in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution of perjury as provided for in § 18.2-434.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":301190,"text":"The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner’s fingerprints and shall file those fingerprints with the circuit court with the petition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":301191,"text":"The Commonwealth shall be made party defendant to the proceeding. The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 30 days after receipt of the petition. Upon the motion of the attorney for the Commonwealth and for good cause shown, the court may allow the attorney for the Commonwealth up to an additional 30 days to respond to the petition.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":301192,"text":"A person convicted or adjudicated delinquent of multiple qualifying offenses shall include all qualifying offenses in one petition, if such convictions or adjudications were all entered in the same city or county. A person convicted or adjudicated delinquent of qualifying offenses in different cities or counties shall file petitions in the circuit courts of the cities or counties in which the convictions or adjudications of delinquency were entered.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15478,"edition_id":1,"name":"Issuance of Writ of Vacatur for Victims of Human Trafficking","identifier":"19.4","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:55:22","date_modified":"2026-06-26 03:55:22","permalink":{"id":169837,"object_type":"structure","relational_id":15478,"identifier":"19.4","token":"19.2\/19.4","url":"\/19.2\/19.4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58970,"structure_id":15478,"section_number":"19.2-327.15","catch_line":"Definitions","url":"\/19.2-327.15\/","token":"19.2\/19.4\/19.2-327.15","metadata":false},{"id":77724,"structure_id":15478,"section_number":"19.2-327.16","catch_line":"Issuance of writ of vacatur for victims of commercial sex trafficking","url":"\/19.2-327.16\/","token":"19.2\/19.4\/19.2-327.16","metadata":false},{"id":84043,"structure_id":15478,"section_number":"19.2-327.17","catch_line":"Contents and form of the petition for vacatur","url":"\/19.2-327.17\/","token":"19.2\/19.4\/19.2-327.17","metadata":false},{"id":72987,"structure_id":15478,"section_number":"19.2-327.18","catch_line":"Hearing on petition for vacatur","url":"\/19.2-327.18\/","token":"19.2\/19.4\/19.2-327.18","metadata":false},{"id":83830,"structure_id":15478,"section_number":"19.2-327.19","catch_line":"Relief under writ of vacatur","url":"\/19.2-327.19\/","token":"19.2\/19.4\/19.2-327.19","metadata":false},{"id":87426,"structure_id":15478,"section_number":"19.2-327.20","catch_line":"Claims of relief","url":"\/19.2-327.20\/","token":"19.2\/19.4\/19.2-327.20","metadata":false}],"previous_section":{"id":77724,"structure_id":15478,"section_number":"19.2-327.16","catch_line":"Issuance of writ of vacatur for victims of commercial sex trafficking","url":"\/19.2-327.16\/","token":"19.2\/19.4\/19.2-327.16","metadata":false},"next_section":{"id":72987,"structure_id":15478,"section_number":"19.2-327.18","catch_line":"Hearing on petition for vacatur","url":"\/19.2-327.18\/","token":"19.2\/19.4\/19.2-327.18","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.17\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2025, chapters 633<\/a> and 663<\/a>.<\/p>","references":[{"id":72987,"section_number":"19.2-327.18","catch_line":"Hearing on petition for vacatur","order_by":null,"url":"\/19.2-327.18\/"}],"refers_to":[{"id":72987,"section_number":"19.2-327.18","catch_line":"Hearing on petition for vacatur","order_by":null,"url":"\/19.2-327.18\/"}],"permalink":{"id":169847,"object_type":"law","relational_id":84043,"identifier":"19.2-327.17","token":"19.2\/19.4\/19.2-327.17","url":"\/19.2-327.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.17\/","token":"19.2\/19.4\/19.2-327.17","dublin_core":{"Title":"Contents and form of the petition for vacatur","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any victim of human trafficking may file a petition<\/span> for vacatur setting forth the relevant facts<\/span> and requesting that the judgment<\/span> of a conviction<\/span> or adjudication of delinquency be vacated. Such petition<\/span> shall allege categorically and with specificity, under oath<\/span>, all of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The petitioner was convicted or adjudicated delinquent of a qualifying offense<\/span>, including the date on which the qualifying offense<\/span> occurred, the date of final disposition<\/span> on which the conviction<\/span> or adjudication of delinquency was entered, the petitioner’s date of birth, and the full name used by the petitioner at the time of the offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The petitioner was a victim of human trafficking at the time he committed the qualifying offense<\/span> and his status as a victim of human trafficking was the proximate cause of the commission of the qualifying offense<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Whether the petitioner has previously filed any other petition<\/span> in accordance with this chapter in any circuit<\/span> court<\/span> and, if so, the disposition<\/span> of such petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such petition<\/span> shall contain all relevant allegations<\/span> of facts<\/span> that are known to the petitioner at the time of filing, which shall include a short, plain statement demonstrating (i) that the petitioner is entitled to relief under this chapter; (ii) the identity of the human trafficker, to the best of the petitioner’s knowledge; (iii) the approximate date, time, place, and manner in which the petitioner became a victim of human trafficking; (iv) the petitioner’s age at the time he became a victim of human trafficking; (v) how the petitioner became involved in the activities resulting in his arrest<\/span>, prosecution<\/span>, and conviction<\/span> or adjudication; and (vi) that the petitioner has ceased to be a victim of human trafficking or has sought rehabilitative services. Such statement shall be filed under seal and provided only to the circuit<\/span> court<\/span> and the attorney for the Commonwealth of the city or county in which the petition<\/span> is filed. The attorney for the Commonwealth may provide the information provided in such statement, with the exception of the petitioner’s identity, to any law<\/span>-enforcement agency to investigate or prosecute<\/span> criminal activity. The identity of the petitioner shall only be provided to law<\/span> enforcement upon notice to the petitioner and an order<\/span> of the circuit<\/span> court<\/span> authorizing such disclosure. Nothing in this subsection shall be construed to mandate<\/span> a petitioner’s cooperation with law<\/span> enforcement in any resulting investigation or prosecution<\/span>.\n\t\t\tThe petition<\/span> shall be filed on a form provided by the Supreme Court<\/span>. If the petitioner fails to submit a completed form, the circuit<\/span> court<\/span> may allow the petitioner to amend<\/span> the petition<\/span> to correct any deficiency. If the petitioner fails to submit a completed form containing the allegations<\/span> set forth in subsection A, or if the circuit<\/span> court<\/span> has previously dismissed a petition<\/span> for vacatur from the same petitioner for the same qualifying offense<\/span> following a hearing<\/span> conducted pursuant to § 19.2-327.18<\/a>, the court<\/span> may dismiss the petition<\/span>. Any false statement in the petition<\/span>, if such statement is knowingly or willfully made, shall be a ground for prosecution<\/span> of perjury<\/span> as provided for in § 18.2-434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petitioner shall obtain from a law<\/span>-enforcement agency one complete set of the petitioner’s fingerprints and shall file those fingerprints with the circuit<\/span> court<\/span> with the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commonwealth shall be made party<\/span> defendant<\/span> to the proceeding. The petitioner shall provide a copy of the petition<\/span> by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition<\/span> is filed. The attorney for the Commonwealth may file an objection or answer to the petition<\/span> or may give written notice to the court<\/span> that he does not object<\/span> to the petition<\/span> within 30 days after receipt of the petition<\/span>. Upon the motion<\/span> of the attorney for the Commonwealth and for good cause shown, the court<\/span> may allow the attorney for the Commonwealth up to an additional 30 days to respond to the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A person convicted or adjudicated delinquent of multiple qualifying offenses<\/span> shall include all qualifying offenses<\/span> in one petition<\/span>, if such convictions<\/span> or adjudications were all entered in the same city or county. A person convicted or adjudicated delinquent of qualifying offenses<\/span> in different cities or counties shall file petitions<\/span> in the circuit<\/span> courts<\/span> of the cities or counties in which the convictions<\/span> or adjudications of delinquency were entered. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTENTS AND FORM OF THE PETITION FOR VACATUR (\u00a7 19.2-327.17)\n\nA. Any victim of human trafficking may file a petition for vacatur setting forth\nthe relevant facts and requesting that the judgment of a conviction or\nadjudication of delinquency be vacated. Such petition shall allege categorically\nand with specificity, under oath, all of the following:\n\n 1. The petitioner was convicted or adjudicated delinquent of a qualifying\n offense, including the date on which the qualifying offense occurred, the date\n of final disposition on which the conviction or adjudication of delinquency\n was entered, the petitioner’s date of birth, and the full name used by\n the petitioner at the time of the offense;\n\n 2. The petitioner was a victim of human trafficking at the time he committed\n the qualifying offense and his status as a victim of human trafficking was the\n proximate cause of the commission of the qualifying offense; and\n\n 3. Whether the petitioner has previously filed any other petition in\n accordance with this chapter in any circuit court and, if so, the disposition\n of such petition.\n\nB. Such petition shall contain all relevant allegations of facts that are known\nto the petitioner at the time of filing, which shall include a short, plain\nstatement demonstrating (i) that the petitioner is entitled to relief under this\nchapter; (ii) the identity of the human trafficker, to the best of the\npetitioner’s knowledge; (iii) the approximate date, time, place, and\nmanner in which the petitioner became a victim of human trafficking; (iv) the\npetitioner’s age at the time he became a victim of human trafficking; (v)\nhow the petitioner became involved in the activities resulting in his arrest,\nprosecution, and conviction or adjudication; and (vi) that the petitioner has\nceased to be a victim of human trafficking or has sought rehabilitative\nservices. Such statement shall be filed under seal and provided only to the\ncircuit court and the attorney for the Commonwealth of the city or county in\nwhich the petition is filed. The attorney for the Commonwealth may provide the\ninformation provided in such statement, with the exception of the\npetitioner’s identity, to any law-enforcement agency to investigate or\nprosecute criminal activity. The identity of the petitioner shall only be\nprovided to law enforcement upon notice to the petitioner and an order of the\ncircuit court authorizing such disclosure. Nothing in this subsection shall be\nconstrued to mandate a petitioner’s cooperation with law enforcement in\nany resulting investigation or prosecution.\n\t\t\tThe petition shall be filed on a form provided by the Supreme Court. If the\npetitioner fails to submit a completed form, the circuit court may allow the\npetitioner to amend the petition to correct any deficiency. If the petitioner\nfails to submit a completed form containing the allegations set forth in\nsubsection A, or if the circuit court has previously dismissed a petition for\nvacatur from the same petitioner for the same qualifying offense following a\nhearing conducted pursuant to § 19.2-327.18, the court may dismiss the\npetition. Any false statement in the petition, if such statement is knowingly or\nwillfully made, shall be a ground for prosecution of perjury as provided for in\n§ 18.2-434.\n\nC. The petitioner shall obtain from a law-enforcement agency one complete set of\nthe petitioner’s fingerprints and shall file those fingerprints with the\ncircuit court with the petition.\n\nD. The Commonwealth shall be made party defendant to the proceeding. The\npetitioner shall provide a copy of the petition by delivery or by first-class\nmail, postage prepaid, to the attorney for the Commonwealth of the city or\ncounty in which the petition is filed. The attorney for the Commonwealth may\nfile an objection or answer to the petition or may give written notice to the\ncourt that he does not object to the petition within 30 days after receipt of\nthe petition. Upon the motion of the attorney for the Commonwealth and for good\ncause shown, the court may allow the attorney for the Commonwealth up to an\nadditional 30 days to respond to the petition.\n\nE. A person convicted or adjudicated delinquent of multiple qualifying offenses\nshall include all qualifying offenses in one petition, if such convictions or\nadjudications were all entered in the same city or county. A person convicted or\nadjudicated delinquent of qualifying offenses in different cities or counties\nshall file petitions in the circuit courts of the cities or counties in which\nthe convictions or adjudications of delinquency were entered.\n\nHISTORY: 2021, Sp. Sess. I, c. 543; 2025, cc. 633, 663.","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}}