                                 CODE OF VIRGINIA

REMOVAL OF NAME AND INFORMATION FROM REGISTRY (§ 9.1-910)

A. Any person required to register, other than a person who has been convicted
of any (i) Tier III offense, (ii) two or more offenses for which registration is
required, (iii) a violation of former &#xA7; 18.2-67.2:1, or (iv) murder, may
petition the circuit court in which he was convicted or the circuit court in the
jurisdiction where he then resides for removal of his name and all identifying
information from the Registry. A person who is required to register for a single
Tier I offense may petition the court no earlier than 15 years from the later of
the date of initial registration or the date of his last conviction for (a) a
violation of &#xA7; 18.2-472.1 or (b) any felony. A person who is required to
register for a single Tier II offense may petition the court no earlier than 25
years from the later of the date of initial registration or the date of his last
conviction for (1) a violation of &#xA7; 18.2-472.1 or (2) any felony.

B. A petition may not be filed until all court ordered treatment, counseling,
and restitution has been completed. The court shall obtain a copy of the
petitioner&#8217;s complete criminal history and registration, reregistration,
and verification of registration information history from the Registry and then
hold a hearing on the petition at which the applicant and any interested persons
may present witnesses and other evidence. The Commonwealth shall be made a party
to any action under this section. If, after such hearing, the court is satisfied
that such person no longer poses a risk to public safety, the court shall grant
the petition. In the event the petition is not granted, the person shall wait at
least 24 months from the date of the denial to file a new petition for removal
from the Registry.

C. The State Police shall remove from the Registry the name of any person and
all identifying information upon receipt of an order granting a petition
pursuant to subsection B.

HISTORY: 2003, c. 584; 2005, c. 631; 2006, cc. 857, 914; 2007, c. 718; 2008, c.
877; 2018, c. 68; 2020, c. 829.