{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.2.html"}],"law_id":77838,"edition_id":1,"section_id":77838,"structure_id":14617,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","history":"1977, c. 675; 1983, c. 394; 1984, c. 642; 1990, c. 603; 1992, c. 697; 2001, cc. 40, 345; 2007, cc. 465, 824, 883, 905; 2009, c. 618; 2011, c. 362; 2015, c. 426; 2016, c. 617; 2019, c. 181; 2020, cc. 1285, 1286; 2023, cc. 554, 555; 2025, cc. 634, 671.","full_text":"A\n\nIf a person is charged with the commission of a crime, a civil offense, or any offense defined in Title 18.2, and1\n\nIs acquitted, or2\n\nA nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. A person shall not be required to pay any court fees or costs for filing a petition under this subsection.B\n\nIf any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section. A person shall not be required to pay any court fees or costs for filing a petition under this subsection. A petition filed under this subsection shall include one complete set of the petitioner’s fingerprints obtained from a law-enforcement agency.C\n\nThe petition with a copy of the warrant, summons, or indictment if reasonably available shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed and shall contain, except when not reasonably available, the date of arrest and the name of the arresting agency. When this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the specific criminal charge or civil offense to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner’s date of birth, and the full name used by the petitioner at the time of arrest. If the petition is filed under this subsection, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner’s Virginia criminal history record to the circuit court in which the petition was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit court; however, if the circuit court is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit court which shall be maintained under seal by the clerk unless otherwise ordered by the court.D\n\nA copy of the petition shall be served on 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 21 days after it is served on him.E\n\nIf the petition is filed under subsection B, the petitioner shall obtain from a law-enforcement agency one complete set of the petitioner’s fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the CCRE with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner’s criminal history and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner. If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order, the petitioner requests the return of the fingerprint card in person from the clerk of the court or provides the clerk of the court a self-addressed, stamped envelope for the return of the fingerprint card.F\n\nAfter receiving the criminal history record information, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation or the charge was for a civil offense, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court pursuant to subsection D that he does not object to the petition and (ii) when the charge to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, the court may enter an order of expungement without conducting a hearing.G\n\nThe Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.H\n\nNotwithstanding any other provision of this section, when the charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge. Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection and shall be accompanied by the complete set of the petitioner’s fingerprints filed with his petition. Upon the entry of such order, it shall be treated as provided in subsection K.I\n\nNotwithstanding any other provision of this section, upon receiving a copy pursuant to § 2.2-402 of an absolute pardon for the commission of a crime that a person did not commit, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection K.J\n\nUpon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order, it shall be treated as provided in subsection K.K\n\nUpon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected. The Department of State Police shall validate the accuracy of any criminal history record ordered to be expunged pursuant to this section but shall not validate whether such record is eligible for expungement.L\n\nAny order entered where (i) the court or parties failed to strictly comply with the procedures set forth in this section or (ii) the court enters an order of expungement contrary to law, shall be voidable upon motion and notice made within three years of the entry of such order.M\n\nA petition filed under this section and any responsive pleadings filed by the attorney for the Commonwealth shall be maintained under seal by the clerk unless otherwise ordered by the court. Any order to expunge issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.3 pursuant to regulations and procedures adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.","order_by":null,"text":{"0":{"id":279160,"text":"If a person is charged with the commission of a crime, a civil offense, or any offense defined in Title 18.2, and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":279161,"text":"Is acquitted, or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":279162,"text":"A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. A person shall not be required to pay any court fees or costs for filing a petition under this subsection.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":279163,"text":"If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section. A person shall not be required to pay any court fees or costs for filing a petition under this subsection. A petition filed under this subsection shall include one complete set of the petitioner’s fingerprints obtained from a law-enforcement agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":279164,"text":"The petition with a copy of the warrant, summons, or indictment if reasonably available shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed and shall contain, except when not reasonably available, the date of arrest and the name of the arresting agency. When this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the specific criminal charge or civil offense to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner’s date of birth, and the full name used by the petitioner at the time of arrest. If the petition is filed under this subsection, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner’s Virginia criminal history record to the circuit court in which the petition was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit court; however, if the circuit court is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit court which shall be maintained under seal by the clerk unless otherwise ordered by the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":279165,"text":"A copy of the petition shall be served on 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 21 days after it is served on him.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":279166,"text":"If the petition is filed under subsection B, the petitioner shall obtain from a law-enforcement agency one complete set of the petitioner’s fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the CCRE with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner’s criminal history and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner. If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order, the petitioner requests the return of the fingerprint card in person from the clerk of the court or provides the clerk of the court a self-addressed, stamped envelope for the return of the fingerprint card.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":279167,"text":"After receiving the criminal history record information, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation or the charge was for a civil offense, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court pursuant to subsection D that he does not object to the petition and (ii) when the charge to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, the court may enter an order of expungement without conducting a hearing.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":279168,"text":"The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":279169,"text":"Notwithstanding any other provision of this section, when the charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge. Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection and shall be accompanied by the complete set of the petitioner’s fingerprints filed with his petition. Upon the entry of such order, it shall be treated as provided in subsection K.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":279170,"text":"Notwithstanding any other provision of this section, upon receiving a copy pursuant to § 2.2-402 of an absolute pardon for the commission of a crime that a person did not commit, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection K.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":279171,"text":"Upon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order, it shall be treated as provided in subsection K.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"12":{"id":279172,"text":"Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected. The Department of State Police shall validate the accuracy of any criminal history record ordered to be expunged pursuant to this section but shall not validate whether such record is eligible for expungement.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"13":{"id":279173,"text":"Any order entered where (i) the court or parties failed to strictly comply with the procedures set forth in this section or (ii) the court enters an order of expungement contrary to law, shall be voidable upon motion and notice made within three years of the entry of such order.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"14":{"id":279174,"text":"A petition filed under this section and any responsive pleadings filed by the attorney for the Commonwealth shall be maintained under seal by the clerk unless otherwise ordered by the court. Any order to expunge issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.3 pursuant to regulations and procedures adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":14617,"edition_id":1,"name":"Expungement of Criminal Records","identifier":"23.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:56","date_modified":"2026-06-26 03:48:56","permalink":{"id":170495,"object_type":"structure","relational_id":14617,"identifier":"23.1","token":"19.2\/23.1","url":"\/19.2\/23.1\/","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":60918,"structure_id":14617,"section_number":"19.2-392.1","catch_line":"Statement of policy","url":"\/19.2-392.1\/","token":"19.2\/23.1\/19.2-392.1","metadata":false},{"id":77838,"structure_id":14617,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","url":"\/19.2-392.2\/","token":"19.2\/23.1\/19.2-392.2","metadata":false},{"id":64671,"structure_id":14617,"section_number":"19.2-392.2:1","catch_line":"Repealed","url":"\/19.2-392.2_1\/","token":"19.2\/23.1\/19.2-392.2_1","metadata":false},{"id":56153,"structure_id":14617,"section_number":"19.2-392.2:2","catch_line":"Repealed","url":"\/19.2-392.2_2\/","token":"19.2\/23.1\/19.2-392.2_2","metadata":false},{"id":68382,"structure_id":14617,"section_number":"19.2-392.3","catch_line":"Disclosure of expunged records","url":"\/19.2-392.3\/","token":"19.2\/23.1\/19.2-392.3","metadata":false},{"id":84742,"structure_id":14617,"section_number":"19.2-392.3:1","catch_line":"Motion for the disclosure of expunged police and court records in a civil case","url":"\/19.2-392.3_1\/","token":"19.2\/23.1\/19.2-392.3_1","metadata":false},{"id":60006,"structure_id":14617,"section_number":"19.2-392.4","catch_line":"Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments","url":"\/19.2-392.4\/","token":"19.2\/23.1\/19.2-392.4","metadata":false}],"previous_section":{"id":60918,"structure_id":14617,"section_number":"19.2-392.1","catch_line":"Statement of policy","url":"\/19.2-392.1\/","token":"19.2\/23.1\/19.2-392.1","metadata":false},"next_section":{"id":64671,"structure_id":14617,"section_number":"19.2-392.2:1","catch_line":"Repealed","url":"\/19.2-392.2_1\/","token":"19.2\/23.1\/19.2-392.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.2\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 675 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. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1983, chapter 394; in 1984, chapter 642; in 1990, chapter 603; in 1992, chapter 697; in 2001, chapters 40<\/a> and 345<\/a>; in 2007, chapters 465<\/a>, 824<\/a>, 883<\/a>, and 905<\/a>; in 2009, chapter 618<\/a>; in 2011, chapter 362<\/a>; in 2015, chapter 426<\/a>; in 2016, chapter 617<\/a>; in 2019, chapter 181<\/a>; in 2020, chapters 1285<\/a> and 1286<\/a>; in 2023, chapters 554<\/a> and 555<\/a>; in 2025, chapters 634<\/a> and 671<\/a>.<\/p>","references":[{"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":63464,"section_number":"18.2-186.5","catch_line":"Expungement of false identity information from police and court records; Identity Theft Passport","order_by":null,"url":"\/18.2-186.5\/"},{"id":82939,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","order_by":null,"url":"\/19.2-298.02\/"},{"id":77668,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","order_by":null,"url":"\/19.2-392.8\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"}],"refers_to":[{"id":74621,"section_number":"19.2-151","catch_line":"Satisfaction and discharge of assault and similar charges","order_by":null,"url":"\/19.2-151\/"},{"id":82426,"section_number":"19.2-327.13","catch_line":"Relief under writ","order_by":null,"url":"\/19.2-327.13\/"},{"id":66253,"section_number":"19.2-327.5","catch_line":"Relief under writ","order_by":null,"url":"\/19.2-327.5\/"},{"id":68382,"section_number":"19.2-392.3","catch_line":"Disclosure of expunged records","order_by":null,"url":"\/19.2-392.3\/"},{"id":76152,"section_number":"2.2-402","catch_line":"Keeper of seals of Commonwealth; duties generally","order_by":null,"url":"\/2.2-402\/"},{"id":80755,"section_number":"9.1-128","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures","order_by":null,"url":"\/9.1-128\/"},{"id":83289,"section_number":"9.1-134","catch_line":"(Effective July 1, 2026) Sealing of criminal history record information","order_by":null,"url":"\/9.1-134\/"}],"permalink":{"id":170501,"object_type":"law","relational_id":77838,"identifier":"19.2-392.2","token":"19.2\/23.1\/19.2-392.2","url":"\/19.2-392.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.2\/","token":"19.2\/23.1\/19.2-392.2","dublin_core":{"Title":"(Effective July 1, 2026) Expungement of police and court records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a person is charged with the commission of a crime<\/span>, a civil offense<\/span>, or any offense<\/span> defined in Title 18.2, and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is acquitted, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A nolle prosequi<\/span> is taken or the charge is otherwise dismissed, including dismissal<\/span> by accord and satisfaction pursuant to § 19.2-151<\/a>, he may file a petition<\/span> setting forth the relevant facts<\/span> and requesting expungement of the police records and the court<\/span> records relating to the charge. A person shall not be required to pay any court<\/span> fees or costs for filing a petition<\/span> under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition<\/span> with the court<\/span> disposing of the charge for relief pursuant to this section. A person shall not be required to pay any court<\/span> fees or costs for filing a petition<\/span> under this subsection. A petition<\/span> filed under this subsection shall include one complete set of the petitioner’s fingerprints obtained from a law<\/span>-enforcement agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petition<\/span> with a copy of the warrant, summons<\/span>, or indictment<\/span> if reasonably available shall be filed in the circuit<\/span> court<\/span> of the county or city in which the case was disposed of by acquittal<\/span> or being otherwise dismissed and shall contain, except when not reasonably available, the date of arrest<\/span> and the name of the arresting agency. When this information is not reasonably available, the petition<\/span> shall state the reason for such unavailability. The petition<\/span> shall further state the specific criminal charge or civil offense<\/span> to be expunged, the date of final disposition<\/span> of the charge as set forth in the petition<\/span>, the petitioner’s date of birth, and the full name used by the petitioner at the time of arrest<\/span>. If the petition<\/span> is filed under this subsection, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner’s Virginia criminal history record to the circuit<\/span> court<\/span> in which the petition<\/span> was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit<\/span> court<\/span>; however, if the circuit<\/span> court<\/span> is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit<\/span> court<\/span> which shall be maintained under seal by the clerk unless otherwise ordered by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A copy of the petition<\/span> shall be served on 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 21 days after it is served on him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the petition<\/span> is filed under subsection B, the petitioner shall obtain from a law<\/span>-enforcement agency one complete set of the petitioner’s fingerprints and shall provide that agency with a copy of the petition<\/span> for expungement. The law<\/span>-enforcement agency shall submit the set of fingerprints to the CCRE with a copy of the petition<\/span> for expungement attached. The CCRE shall forward under seal to the court<\/span> a copy of the petitioner’s criminal history and the set of fingerprints. Upon completion of the hearing<\/span>, the court<\/span> shall return the fingerprint card to the petitioner. If no hearing<\/span> was conducted, upon the entry of an order<\/span> of expungement or an order<\/span> denying the petition<\/span> for expungement, the court<\/span> shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order<\/span>, the petitioner requests the return of the fingerprint card in person from the clerk of the court<\/span> or provides the clerk of the court<\/span> a self-addressed, stamped envelope for the return of the fingerprint card. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> After receiving the criminal history record information, the court<\/span> shall conduct a hearing<\/span> on the petition<\/span>. If the court<\/span> finds that the continued existence and possible dissemination of information relating to the arrest<\/span> of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order<\/span> requiring the expungement of the police and court<\/span> records, including electronic records, relating to the charge. Otherwise, it shall deny the petition<\/span>. However, if the petitioner has no prior criminal record and the arrest<\/span> was for a misdemeanor<\/span> violation or the charge was for a civil offense<\/span>, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court<\/span> records relating to the charge, and the court<\/span> shall enter an order<\/span> of expungement. 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> pursuant to subsection D that he does not object<\/span> to the petition<\/span> and (ii) when the charge to be expunged is a felony<\/span>, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest<\/span> of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, the court<\/span> may enter an order<\/span> of expungement without conducting a hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commonwealth shall be made party<\/span> defendant<\/span> to the proceeding. Any party<\/span> aggrieved by the decision of the court<\/span> may appeal<\/span>, as provided by law<\/span> in civil cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding any other provision of this section, when the charge is dismissed because the court<\/span> finds that the person arrested or charged is not the person named in the summons<\/span>, warrant, indictment<\/span> or presentment<\/span>, the court<\/span> dismissing the charge shall, upon motion<\/span> of the person improperly arrested or charged, enter an order<\/span> requiring expungement of the police and court<\/span> records relating to the charge. Such order<\/span> shall contain a statement that the dismissal<\/span> and expungement are ordered pursuant to this subsection and shall be accompanied by the complete set of the petitioner’s fingerprints filed with his petition<\/span>. Upon the entry of such order<\/span>, it shall be treated as provided in subsection K. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notwithstanding any other provision of this section, upon receiving a copy pursuant to § 2.2-402<\/a> of an absolute pardon<\/span> for the commission of a crime<\/span> that a person did not commit, the court<\/span> shall enter an order<\/span> requiring expungement of the police and court<\/span> records relating to the charge and conviction<\/span>. Such order<\/span> shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order<\/span>, it shall be treated as provided in subsection K. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Upon receiving a copy of a writ<\/span> vacating a conviction<\/span> pursuant to § 19.2-327.5<\/a> or 19.2-327.13<\/a>, the court<\/span> shall enter an order<\/span> requiring expungement of the police and court<\/span> records relating to the charge and conviction<\/span>. Such order<\/span> shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order<\/span>, it shall be treated as provided in subsection K. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Upon the entry of an order<\/span> of expungement, the clerk of the court<\/span> shall cause a copy of such order<\/span> to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134<\/a>, direct the manner by which the appropriate expungement or removal of such records shall be effected. The Department of State Police shall validate the accuracy of any criminal history record ordered to be expunged pursuant to this section but shall not validate whether such record is eligible for expungement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Any order<\/span> entered where (i) the court<\/span> or parties failed to strictly comply with the procedures set forth in this section or (ii) the court<\/span> enters an order<\/span> of expungement contrary to law<\/span>, shall be voidable upon motion<\/span> and notice made within three years of the entry of such order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> A petition<\/span> filed under this section and any responsive pleadings<\/span> filed by the attorney for the Commonwealth shall be maintained under seal by the clerk unless otherwise ordered by the court<\/span>. Any order<\/span> to expunge<\/span> issued pursuant to this section shall be sealed<\/span> and may only be disseminated for the purposes set forth in § 19.2-392.3<\/a> pursuant to regulations and procedures adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) EXPUNGEMENT OF POLICE AND COURT RECORDS (\u00a7 19.2-392.2)\n\nA. If a person is charged with the commission of a crime, a civil offense, or\nany offense defined in Title 18.2, and\n\n 1. Is acquitted, or\n\n 2. A nolle prosequi is taken or the charge is otherwise dismissed, including\n dismissal by accord and satisfaction pursuant to § 19.2-151, he may file\n a petition setting forth the relevant facts and requesting expungement of the\n police records and the court records relating to the charge. A person shall\n not be required to pay any court fees or costs for filing a petition under\n this subsection.\n\nB. If any person whose name or other identification has been used without his\nconsent or authorization by another person who has been charged or arrested\nusing such name or identification, he may file a petition with the court\ndisposing of the charge for relief pursuant to this section. A person shall not\nbe required to pay any court fees or costs for filing a petition under this\nsubsection. A petition filed under this subsection shall include one complete\nset of the petitioner’s fingerprints obtained from a law-enforcement\nagency.\n\nC. The petition with a copy of the warrant, summons, or indictment if reasonably\navailable shall be filed in the circuit court of the county or city in which the\ncase was disposed of by acquittal or being otherwise dismissed and shall\ncontain, except when not reasonably available, the date of arrest and the name\nof the arresting agency. When this information is not reasonably available, the\npetition shall state the reason for such unavailability. The petition shall\nfurther state the specific criminal charge or civil offense to be expunged, the\ndate of final disposition of the charge as set forth in the petition, the\npetitioner’s date of birth, and the full name used by the petitioner at\nthe time of arrest. If the petition is filed under this subsection, the\npetitioner shall request that the Central Criminal Records Exchange (CCRE)\nelectronically forward a copy of the petitioner’s Virginia criminal\nhistory record to the circuit court in which the petition was filed. Upon\nreceiving such request, the CCRE shall electronically forward such record to the\ncircuit court; however, if the circuit court is unable to receive an electronic\ntransmission, the CCRE shall forward a copy of such record to the circuit court\nwhich shall be maintained under seal by the clerk unless otherwise ordered by\nthe court.\n\nD. A copy of the petition shall be served on the attorney for the Commonwealth\nof the city or county in which the petition is filed. The attorney for the\nCommonwealth may file an objection or answer to the petition or may give written\nnotice to the court that he does not object to the petition within 21 days after\nit is served on him.\n\nE. If the petition is filed under subsection B, the petitioner shall obtain from\na law-enforcement agency one complete set of the petitioner’s fingerprints\nand shall provide that agency with a copy of the petition for expungement. The\nlaw-enforcement agency shall submit the set of fingerprints to the CCRE with a\ncopy of the petition for expungement attached. The CCRE shall forward under seal\nto the court a copy of the petitioner’s criminal history and the set of\nfingerprints. Upon completion of the hearing, the court shall return the\nfingerprint card to the petitioner. If no hearing was conducted, upon the entry\nof an order of expungement or an order denying the petition for expungement, the\ncourt shall cause the fingerprint card to be destroyed unless, within 30 days of\nthe date of the entry of the order, the petitioner requests the return of the\nfingerprint card in person from the clerk of the court or provides the clerk of\nthe court a self-addressed, stamped envelope for the return of the fingerprint\ncard.\n\nF. After receiving the criminal history record information, the court shall\nconduct a hearing on the petition. If the court finds that the continued\nexistence and possible dissemination of information relating to the arrest of\nthe petitioner causes or may cause circumstances which constitute a manifest\ninjustice to the petitioner, it shall enter an order requiring the expungement\nof the police and court records, including electronic records, relating to the\ncharge. Otherwise, it shall deny the petition. However, if the petitioner has no\nprior criminal record and the arrest was for a misdemeanor violation or the\ncharge was for a civil offense, the petitioner shall be entitled, in the absence\nof good cause shown to the contrary by the Commonwealth, to expungement of the\npolice and court records relating to the charge, and the court shall enter an\norder of expungement. If the attorney for the Commonwealth of the county or city\nin which the petition is filed (i) gives written notice to the court pursuant to\nsubsection D that he does not object to the petition and (ii) when the charge to\nbe expunged is a felony, stipulates in such written notice that the continued\nexistence and possible dissemination of information relating to the arrest of\nthe petitioner causes or may cause circumstances which constitute a manifest\ninjustice to the petitioner, the court may enter an order of expungement without\nconducting a hearing.\n\nG. The Commonwealth shall be made party defendant to the proceeding. Any party\naggrieved by the decision of the court may appeal, as provided by law in civil\ncases.\n\nH. Notwithstanding any other provision of this section, when the charge is\ndismissed because the court finds that the person arrested or charged is not the\nperson named in the summons, warrant, indictment or presentment, the court\ndismissing the charge shall, upon motion of the person improperly arrested or\ncharged, enter an order requiring expungement of the police and court records\nrelating to the charge. Such order shall contain a statement that the dismissal\nand expungement are ordered pursuant to this subsection and shall be accompanied\nby the complete set of the petitioner’s fingerprints filed with his\npetition. Upon the entry of such order, it shall be treated as provided in\nsubsection K.\n\nI. Notwithstanding any other provision of this section, upon receiving a copy\npursuant to § 2.2-402 of an absolute pardon for the commission of a crime\nthat a person did not commit, the court shall enter an order requiring\nexpungement of the police and court records relating to the charge and\nconviction. Such order shall contain a statement that the expungement is ordered\npursuant to this subsection. Upon the entry of such order, it shall be treated\nas provided in subsection K.\n\nJ. Upon receiving a copy of a writ vacating a conviction pursuant to §\n19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement\nof the police and court records relating to the charge and conviction. Such\norder shall contain a statement that the expungement is ordered pursuant to this\nsubsection. Upon the entry of the order, it shall be treated as provided in\nsubsection K.\n\nK. Upon the entry of an order of expungement, the clerk of the court shall cause\na copy of such order to be forwarded to the Department of State Police, which\nshall, pursuant to rules and regulations adopted pursuant to § 9.1-134,\ndirect the manner by which the appropriate expungement or removal of such\nrecords shall be effected. The Department of State Police shall validate the\naccuracy of any criminal history record ordered to be expunged pursuant to this\nsection but shall not validate whether such record is eligible for expungement.\n\nL. Any order entered where (i) the court or parties failed to strictly comply\nwith the procedures set forth in this section or (ii) the court enters an order\nof expungement contrary to law, shall be voidable upon motion and notice made\nwithin three years of the entry of such order.\n\nM. A petition filed under this section and any responsive pleadings filed by the\nattorney for the Commonwealth shall be maintained under seal by the clerk unless\notherwise ordered by the court. Any order to expunge issued pursuant to this\nsection shall be sealed and may only be disseminated for the purposes set forth\nin § 19.2-392.3 pursuant to regulations and procedures adopted pursuant to\n§ 9.1-128 and procedures adopted pursuant to § 9.1-134.\n\nHISTORY: 1977, c. 675; 1983, c. 394; 1984, c. 642; 1990, c. 603; 1992, c. 697;\n2001, cc. 40, 345; 2007, cc. 465, 824, 883, 905; 2009, c. 618; 2011, c. 362;\n2015, c. 426; 2016, c. 617; 2019, c. 181; 2020, cc. 1285, 1286; 2023, cc. 554,\n555; 2025, cc. 634, 671.","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}}