                                 CODE OF VIRGINIA

CONTENTS AND FORM OF THE PETITION FOR VACATUR (§ 19.2-327.17)

A. 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:

   1. 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&#8217;s date of birth, and the full name used by
   the petitioner at the time of the offense;

   2. 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

   3. 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.

B. 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&#8217;s knowledge; (iii) the approximate date, time, place, and
manner in which the petitioner became a victim of human trafficking; (iv) the
petitioner&#8217;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&#8217;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&#8217;s cooperation with law enforcement in
any resulting investigation or prosecution.
			The 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 &#xA7; 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
&#xA7; 18.2-434.

C. The petitioner shall obtain from a law-enforcement agency one complete set of
the petitioner&#8217;s fingerprints and shall file those fingerprints with the
circuit court with the petition.

D. 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.

E. 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.

HISTORY: 2021, Sp. Sess. I, c. 543; 2025, cc. 633, 663.