{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.18.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.18.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.18.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.18.html"}],"law_id":72987,"edition_id":1,"section_id":72987,"structure_id":15478,"section_number":"19.2-327.18","catch_line":"Hearing on petition for vacatur","history":"2021, Sp. Sess. I, c. 543; 2025, cc. 633, 663.","full_text":"A\n\nIf the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court that he does not object to the petition and (ii) stipulates in such written notice that the petitioner was convicted or adjudicated delinquent of a qualifying offense and that 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, the circuit court may grant the writ and vacate the qualifying offense without conducting a hearing.B\n\nIf the attorney for the Commonwealth of the county or city in which the petition is filed objects to the petition or does not file an answer, the court shall conduct a hearing on the petition after reasonable notice has been provided to both the petitioner and the attorney for the Commonwealth. The attorney for the Commonwealth shall make reasonable efforts to notify any victim, as defined in § 19.2-11.01, of any qualifying offense of such hearing. In any such hearing, the attorney for the Commonwealth may proffer any evidence pertaining to the guilt or innocence of the petitioner, including evidence that was suppressed at trial. The circuit court shall not be required to conduct a hearing if it has previously dismissed a petition for vacatur from the same petitioner for the same qualifying offense.C\n\nUpon finding that the petitioner has by a preponderance of the evidence proven the elements contained in subsection A of § 19.2-327.17, the circuit court shall grant the writ and vacate the qualifying offense. If the petitioner fails to prove any of these elements, the court shall dismiss the petition.D\n\nPrior to any decision to grant the writ, the court shall determine whether any restitution is unpaid under the terms of the sentencing order for the qualifying offense. If the court grants the writ, the petitioner shall be forever discharged from any such restitution obligation, and the victim, as defined in § 19.2-11.01, of the qualifying offense shall be deemed a victim of crime as defined in § 19.2-368.2. Such victim shall be eligible to petition for awards pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.), and his claim for restitution reimbursement shall be deemed to accrue on the date the court grants the writ.E\n\nThe court may grant the writ and vacate the qualifying offense regardless of whether any person other than the petitioner has been charged or convicted of an offense related to the petitioner being a victim of human trafficking.","order_by":null,"text":{"0":{"id":262864,"text":"If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court that he does not object to the petition and (ii) stipulates in such written notice that the petitioner was convicted or adjudicated delinquent of a qualifying offense and that 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, the circuit court may grant the writ and vacate the qualifying offense without conducting a hearing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262865,"text":"If the attorney for the Commonwealth of the county or city in which the petition is filed objects to the petition or does not file an answer, the court shall conduct a hearing on the petition after reasonable notice has been provided to both the petitioner and the attorney for the Commonwealth. The attorney for the Commonwealth shall make reasonable efforts to notify any victim, as defined in § 19.2-11.01, of any qualifying offense of such hearing. In any such hearing, the attorney for the Commonwealth may proffer any evidence pertaining to the guilt or innocence of the petitioner, including evidence that was suppressed at trial. The circuit court shall not be required to conduct a hearing if it has previously dismissed a petition for vacatur from the same petitioner for the same qualifying offense.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262866,"text":"Upon finding that the petitioner has by a preponderance of the evidence proven the elements contained in subsection A of § 19.2-327.17, the circuit court shall grant the writ and vacate the qualifying offense. If the petitioner fails to prove any of these elements, the court shall dismiss the petition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":262867,"text":"Prior to any decision to grant the writ, the court shall determine whether any restitution is unpaid under the terms of the sentencing order for the qualifying offense. If the court grants the writ, the petitioner shall be forever discharged from any such restitution obligation, and the victim, as defined in § 19.2-11.01, of the qualifying offense shall be deemed a victim of crime as defined in § 19.2-368.2. Such victim shall be eligible to petition for awards pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.), and his claim for restitution reimbursement shall be deemed to accrue on the date the court grants the writ.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":262868,"text":"The court may grant the writ and vacate the qualifying offense regardless of whether any person other than the petitioner has been charged or convicted of an offense related to the petitioner being a victim of human trafficking.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.18\/","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":84043,"section_number":"19.2-327.17","catch_line":"Contents and form of the petition for vacatur","order_by":null,"url":"\/19.2-327.17\/"},{"id":83830,"section_number":"19.2-327.19","catch_line":"Relief under writ of vacatur","order_by":null,"url":"\/19.2-327.19\/"}],"refers_to":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":84043,"section_number":"19.2-327.17","catch_line":"Contents and form of the petition for vacatur","order_by":null,"url":"\/19.2-327.17\/"},{"id":55906,"section_number":"19.2-368.1","catch_line":"Findings; legislative intent","order_by":null,"url":"\/19.2-368.1\/"},{"id":69386,"section_number":"19.2-368.2","catch_line":"Definitions","order_by":null,"url":"\/19.2-368.2\/"}],"permalink":{"id":169851,"object_type":"law","relational_id":72987,"identifier":"19.2-327.18","token":"19.2\/19.4\/19.2-327.18","url":"\/19.2-327.18\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.18\/","token":"19.2\/19.4\/19.2-327.18","dublin_core":{"Title":"Hearing on petition for vacatur","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.18","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the attorney for the Commonwealth of the county or city in which the petition<\/span> is filed (i) gives written notice to the court<\/span> that he does not object<\/span> to the petition<\/span> and (ii) stipulates in such written notice that the petitioner was convicted or adjudicated delinquent of a qualifying offense<\/span> and that 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>, the circuit<\/span> court<\/span> may grant the writ<\/span> and vacate the qualifying offense<\/span> without conducting a hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the attorney for the Commonwealth of the county or city in which the petition<\/span> is filed objects<\/span> to the petition<\/span> or does not file an answer, the court<\/span> shall conduct a hearing<\/span> on the petition<\/span> after reasonable notice has been provided to both the petitioner and the attorney for the Commonwealth. The attorney for the Commonwealth shall make reasonable efforts to notify any victim, as defined in § 19.2-11.01<\/a>, of any qualifying offense<\/span> of such hearing<\/span>. In any such hearing<\/span>, the attorney for the Commonwealth may proffer any evidence<\/span> pertaining to the guilt or innocence of the petitioner, including evidence<\/span> that was suppressed at trial<\/span>. The circuit<\/span> court<\/span> shall not be required to conduct a hearing<\/span> if it has previously dismissed a petition<\/span> for vacatur from the same petitioner for the same qualifying offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon finding<\/span> that the petitioner has by a preponderance of the evidence<\/span> proven the elements contained in subsection A of § 19.2-327.17<\/a>, the circuit<\/span> court<\/span> shall grant the writ<\/span> and vacate the qualifying offense<\/span>. If the petitioner fails to prove any of these elements, the court<\/span> shall dismiss the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to any decision to grant the writ<\/span>, the court<\/span> shall determine whether any restitution<\/span> is unpaid under the terms of the sentencing order<\/span> for the qualifying offense<\/span>. If the court<\/span> grants the writ<\/span>, the petitioner shall be forever discharged from any such restitution<\/span> obligation, and the victim, as defined in § 19.2-11.01<\/a>, of the qualifying offense<\/span> shall be deemed a victim of crime<\/span> as defined in § 19.2-368.2<\/a>. Such victim shall be eligible to petition<\/span> for awards pursuant to Chapter 21.1 (§ 19.2-368.1<\/a> et seq.), and his claim for restitution<\/span> reimbursement shall be deemed to accrue on the date the court<\/span> grants the writ<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> may grant the writ<\/span> and vacate the qualifying offense<\/span> regardless of whether any person other than the petitioner has been charged or convicted of an offense<\/span> related to the petitioner being a victim of human trafficking. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING ON PETITION FOR VACATUR (\u00a7 19.2-327.18)\n\nA. If the attorney for the Commonwealth of the county or city in which the\npetition is filed (i) gives written notice to the court that he does not object\nto the petition and (ii) stipulates in such written notice that the petitioner\nwas convicted or adjudicated delinquent of a qualifying offense and that the\npetitioner was a victim of human trafficking at the time he committed the\nqualifying offense and his status as a victim of human trafficking was the\nproximate cause of the commission of the qualifying offense, the circuit court\nmay grant the writ and vacate the qualifying offense without conducting a\nhearing.\n\nB. If the attorney for the Commonwealth of the county or city in which the\npetition is filed objects to the petition or does not file an answer, the court\nshall conduct a hearing on the petition after reasonable notice has been\nprovided to both the petitioner and the attorney for the Commonwealth. The\nattorney for the Commonwealth shall make reasonable efforts to notify any\nvictim, as defined in § 19.2-11.01, of any qualifying offense of such\nhearing. In any such hearing, the attorney for the Commonwealth may proffer any\nevidence pertaining to the guilt or innocence of the petitioner, including\nevidence that was suppressed at trial. The circuit court shall not be required\nto conduct a hearing if it has previously dismissed a petition for vacatur from\nthe same petitioner for the same qualifying offense.\n\nC. Upon finding that the petitioner has by a preponderance of the evidence\nproven the elements contained in subsection A of § 19.2-327.17, the circuit\ncourt shall grant the writ and vacate the qualifying offense. If the petitioner\nfails to prove any of these elements, the court shall dismiss the petition.\n\nD. Prior to any decision to grant the writ, the court shall determine whether\nany restitution is unpaid under the terms of the sentencing order for the\nqualifying offense. If the court grants the writ, the petitioner shall be\nforever discharged from any such restitution obligation, and the victim, as\ndefined in § 19.2-11.01, of the qualifying offense shall be deemed a victim\nof crime as defined in § 19.2-368.2. Such victim shall be eligible to\npetition for awards pursuant to Chapter 21.1 (§ 19.2-368.1 et seq.), and\nhis claim for restitution reimbursement shall be deemed to accrue on the date\nthe court grants the writ.\n\nE. The court may grant the writ and vacate the qualifying offense regardless of\nwhether any person other than the petitioner has been charged or convicted of an\noffense related to the petitioner being a victim of human trafficking.\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}}