{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.19.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.19.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.19.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.19.html"}],"law_id":83830,"edition_id":1,"section_id":83830,"structure_id":15478,"section_number":"19.2-327.19","catch_line":"Relief under writ of vacatur","history":"2021, cc. 543, 543; 2022, cc. 408, 408; 2025, cc. 633, 663.","full_text":"A\n\nUpon granting a writ of vacatur pursuant to subsection C of § 19.2-327.18, the circuit court shall provide the petitioner with a copy of the writ, and such copy shall be sufficient proof that the person named in the writ is no longer under any disability, disqualification, or other adverse consequence resulting from the vacated conviction or adjudication of delinquency.B\n\nIf a writ of vacatur is granted, and no appeal is made to the Supreme Court, or the Supreme Court refuses or denies the Commonwealth’s petition for appeal or upholds the decision of the circuit court, an order of expungement for the qualifying offense shall be entered by the circuit court. Upon entry of the order of expungement, the clerk of court shall cause a copy of the writ of vacatur, the order of expungement, and the complete set of petitioner’s fingerprints to be forwarded to the Department of State Police, which shall expunge the qualifying offense.C\n\nThe writ to vacate the qualifying offense and the record of the proceedings shall not be expunged pursuant to subsection B and shall be maintained by the circuit court. Access to the writ or the record of the proceedings may be provided only upon court order. Any person seeking access to the writ or the record of the proceedings may file a written motion setting forth why such access is needed. The court shall issue an order to disclose the writ or the record of the proceedings upon the written motion of the petitioner named in the writ or the attorney for the Commonwealth of the city or county in which the petition is filed. The court may issue an order to disclose the writ or the record of the proceedings if it finds that such disclosure best serves the interests of justice. Court-ordered disclosure of the record of the proceedings pursuant to this subsection shall not subject the recipient of the disclosure to the provisions of § 19.2-392.3.D\n\nCosts shall be as provided in § 17.1-275 but shall not be recoverable against the Commonwealth. A petitioner shall not be required to pay any fees or costs for filing a petition pursuant to this chapter if the petitioner is found to be unable to pay fees or costs pursuant to § 17.1-606. If the circuit court enters a writ of vacatur, the clerk of the court shall refund to the petitioner such costs paid by the petitioner.E\n\nIf the court enters a writ of vacatur, the petitioner shall be entitled to a refund of all fines and penalties paid in relation to the qualifying offense that was vacated. If the clerk of the court where the conviction was entered is in possession of any records detailing any fines and penalties paid by the petitioner for a qualifying offense that was vacated, the petitioner shall be entitled to a refund of such amount. If the clerk of the court where the conviction was entered is no longer in possession of any records detailing any fines and penalties paid by the petitioner for a qualifying offense that was vacated, a refund shall be provided only upon a showing by the petitioner of the amount of fines and penalties paid.","order_by":null,"text":{"0":{"id":300491,"text":"Upon granting a writ of vacatur pursuant to subsection C of § 19.2-327.18, the circuit court shall provide the petitioner with a copy of the writ, and such copy shall be sufficient proof that the person named in the writ is no longer under any disability, disqualification, or other adverse consequence resulting from the vacated conviction or adjudication of delinquency.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300492,"text":"If a writ of vacatur is granted, and no appeal is made to the Supreme Court, or the Supreme Court refuses or denies the Commonwealth’s petition for appeal or upholds the decision of the circuit court, an order of expungement for the qualifying offense shall be entered by the circuit court. Upon entry of the order of expungement, the clerk of court shall cause a copy of the writ of vacatur, the order of expungement, and the complete set of petitioner’s fingerprints to be forwarded to the Department of State Police, which shall expunge the qualifying offense.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300493,"text":"The writ to vacate the qualifying offense and the record of the proceedings shall not be expunged pursuant to subsection B and shall be maintained by the circuit court. Access to the writ or the record of the proceedings may be provided only upon court order. Any person seeking access to the writ or the record of the proceedings may file a written motion setting forth why such access is needed. The court shall issue an order to disclose the writ or the record of the proceedings upon the written motion of the petitioner named in the writ or the attorney for the Commonwealth of the city or county in which the petition is filed. The court may issue an order to disclose the writ or the record of the proceedings if it finds that such disclosure best serves the interests of justice. Court-ordered disclosure of the record of the proceedings pursuant to this subsection shall not subject the recipient of the disclosure to the provisions of § 19.2-392.3.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":300494,"text":"Costs shall be as provided in § 17.1-275 but shall not be recoverable against the Commonwealth. A petitioner shall not be required to pay any fees or costs for filing a petition pursuant to this chapter if the petitioner is found to be unable to pay fees or costs pursuant to § 17.1-606. If the circuit court enters a writ of vacatur, the clerk of the court shall refund to the petitioner such costs paid by the petitioner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":300495,"text":"If the court enters a writ of vacatur, the petitioner shall be entitled to a refund of all fines and penalties paid in relation to the qualifying offense that was vacated. If the clerk of the court where the conviction was entered is in possession of any records detailing any fines and penalties paid by the petitioner for a qualifying offense that was vacated, the petitioner shall be entitled to a refund of such amount. If the clerk of the court where the conviction was entered is no longer in possession of any records detailing any fines and penalties paid by the petitioner for a qualifying offense that was vacated, a refund shall be provided only upon a showing by the petitioner of the amount of fines and penalties paid.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.19\/","history_text":"

This law was first created in 2021. The record of its establishment is cataloged in chapters 543<\/a> and 543<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 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 2022, chapters 408<\/a> and 408<\/a>; in 2025, chapters 633<\/a> and 663<\/a>.<\/p>","references":false,"refers_to":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":82411,"section_number":"17.1-606","catch_line":"Persons allowed services without fees or costs","order_by":null,"url":"\/17.1-606\/"},{"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":169855,"object_type":"law","relational_id":83830,"identifier":"19.2-327.19","token":"19.2\/19.4\/19.2-327.19","url":"\/19.2-327.19\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.19\/","token":"19.2\/19.4\/19.2-327.19","dublin_core":{"Title":"Relief under writ of vacatur","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.19","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon granting a writ<\/span> of vacatur pursuant to subsection C of § 19.2-327.18<\/a>, the circuit<\/span> court<\/span> shall provide the petitioner with a copy of the writ<\/span>, and such copy shall be sufficient proof that the person named in the writ<\/span> is no longer under any disability, disqualification, or other adverse consequence resulting from the vacated conviction<\/span> or adjudication of delinquency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a writ<\/span> of vacatur is granted, and no appeal<\/span> is made to the Supreme Court, or the Supreme Court refuses or denies the Commonwealth’s petition<\/span> for appeal<\/span> or upholds<\/span> the decision of the circuit<\/span> court, an order<\/span> of expungement for the qualifying offense<\/span> shall be entered by the circuit<\/span> court. Upon entry of the order<\/span> of expungement, the clerk of court<\/span> shall cause a copy of the writ<\/span> of vacatur, the order<\/span> of expungement, and the complete set of petitioner’s fingerprints to be forwarded to the Department of State Police, which shall expunge<\/span> the qualifying offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The writ<\/span> to vacate the qualifying offense<\/span> and the record of the proceedings shall not be expunged pursuant to subsection B and shall be maintained by the circuit<\/span> court. Access to the writ<\/span> or the record of the proceedings may be provided only upon court order<\/span>. Any person seeking access to the writ<\/span> or the record of the proceedings may file a written motion<\/span> setting forth why such access is needed. The court shall issue<\/span> an order to disclose the writ<\/span> or the record of the proceedings upon the written motion<\/span> of the petitioner named in the writ<\/span> or the attorney for the Commonwealth of the city or county in which the petition<\/span> is filed. The court may issue<\/span> an order to disclose the writ<\/span> or the record of the proceedings if it finds that such disclosure best serves the interests of justice. Court-ordered disclosure of the record of the proceedings pursuant to this subsection shall not subject the recipient of the disclosure to the provisions of § 19.2-392.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Costs shall be as provided in § 17.1-275<\/a> but shall not be recoverable against the Commonwealth. A petitioner shall not be required to pay any fees or costs for filing a petition<\/span> pursuant to this chapter if the petitioner is found to be unable to pay fees or costs pursuant to § 17.1-606<\/a>. If the circuit<\/span> court enters a writ<\/span> of vacatur, the clerk of the court shall refund to the petitioner such costs paid by the petitioner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court enters a writ<\/span> of vacatur, the petitioner shall be entitled to a refund of all fines and penalties paid in relation to the qualifying offense<\/span> that was vacated. If the clerk of the court where the conviction<\/span> was entered is in possession<\/span> of any records detailing any fines and penalties paid by the petitioner for a qualifying offense<\/span> that was vacated, the petitioner shall be entitled to a refund of such amount. If the clerk of the court where the conviction<\/span> was entered is no longer in possession<\/span> of any records detailing any fines and penalties paid by the petitioner for a qualifying offense<\/span> that was vacated, a refund shall be provided only upon a showing by the petitioner of the amount of fines and penalties paid. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELIEF UNDER WRIT OF VACATUR (\u00a7 19.2-327.19)\n\nA. Upon granting a writ of vacatur pursuant to subsection C of §\n19.2-327.18, the circuit court shall provide the petitioner with a copy of the\nwrit, and such copy shall be sufficient proof that the person named in the writ\nis no longer under any disability, disqualification, or other adverse\nconsequence resulting from the vacated conviction or adjudication of\ndelinquency.\n\nB. If a writ of vacatur is granted, and no appeal is made to the Supreme Court,\nor the Supreme Court refuses or denies the Commonwealth’s petition for\nappeal or upholds the decision of the circuit court, an order of expungement for\nthe qualifying offense shall be entered by the circuit court. Upon entry of the\norder of expungement, the clerk of court shall cause a copy of the writ of\nvacatur, the order of expungement, and the complete set of petitioner’s\nfingerprints to be forwarded to the Department of State Police, which shall\nexpunge the qualifying offense.\n\nC. The writ to vacate the qualifying offense and the record of the proceedings\nshall not be expunged pursuant to subsection B and shall be maintained by the\ncircuit court. Access to the writ or the record of the proceedings may be\nprovided only upon court order. Any person seeking access to the writ or the\nrecord of the proceedings may file a written motion setting forth why such\naccess is needed. The court shall issue an order to disclose the writ or the\nrecord of the proceedings upon the written motion of the petitioner named in the\nwrit or the attorney for the Commonwealth of the city or county in which the\npetition is filed. The court may issue an order to disclose the writ or the\nrecord of the proceedings if it finds that such disclosure best serves the\ninterests of justice. Court-ordered disclosure of the record of the proceedings\npursuant to this subsection shall not subject the recipient of the disclosure to\nthe provisions of § 19.2-392.3.\n\nD. Costs shall be as provided in § 17.1-275 but shall not be recoverable\nagainst the Commonwealth. A petitioner shall not be required to pay any fees or\ncosts for filing a petition pursuant to this chapter if the petitioner is found\nto be unable to pay fees or costs pursuant to § 17.1-606. If the circuit\ncourt enters a writ of vacatur, the clerk of the court shall refund to the\npetitioner such costs paid by the petitioner.\n\nE. If the court enters a writ of vacatur, the petitioner shall be entitled to a\nrefund of all fines and penalties paid in relation to the qualifying offense\nthat was vacated. If the clerk of the court where the conviction was entered is\nin possession of any records detailing any fines and penalties paid by the\npetitioner for a qualifying offense that was vacated, the petitioner shall be\nentitled to a refund of such amount. If the clerk of the court where the\nconviction was entered is no longer in possession of any records detailing any\nfines and penalties paid by the petitioner for a qualifying offense that was\nvacated, a refund shall be provided only upon a showing by the petitioner of the\namount of fines and penalties paid.\n\nHISTORY: 2021, cc. 543, 543; 2022, cc. 408, 408; 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}}