                                 CODE OF VIRGINIA

RELIEF UNDER WRIT OF VACATUR (§ 19.2-327.19)

A. Upon granting a writ of vacatur pursuant to subsection C of &#xA7;
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. 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&#8217;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&#8217;s
fingerprints to be forwarded to the Department of State Police, which shall
expunge the qualifying offense.

C. 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 &#xA7; 19.2-392.3.

D. Costs shall be as provided in &#xA7; 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 &#xA7; 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. 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.

HISTORY: 2021, cc. 543, 543; 2022, cc. 408, 408; 2025, cc. 633, 663.