                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) EXPUNGEMENT OF POLICE AND COURT RECORDS (§ 19.2-392.2)

A. If a person is charged with the commission of a crime, a civil offense, or
any offense defined in Title 18.2, and

   1. Is acquitted, or

   2. A nolle prosequi is taken or the charge is otherwise dismissed, including
   dismissal by accord and satisfaction pursuant to &#xA7; 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. 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&#8217;s fingerprints obtained from a law-enforcement
agency.

C. 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&#8217;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&#8217;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. 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.

E. If the petition is filed under subsection B, the petitioner shall obtain from
a law-enforcement agency one complete set of the petitioner&#8217;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&#8217;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. 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.

G. 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.

H. 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&#8217;s fingerprints filed with his
petition. Upon the entry of such order, it shall be treated as provided in
subsection K.

I. Notwithstanding any other provision of this section, upon receiving a copy
pursuant to &#xA7; 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. Upon receiving a copy of a writ vacating a conviction pursuant to &#xA7;
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. 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 &#xA7; 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. 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.

M. 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 &#xA7; 19.2-392.3 pursuant to regulations and procedures adopted pursuant to
&#xA7; 9.1-128 and procedures adopted pursuant to &#xA7; 9.1-134.

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.