Overview Description

Records relating to a charge for which the petitioner received an absolute pardon because of factual innocence can be expunged. Va. Code Ann. § 19.2-392.2(I).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the circuit court in the county or city in which the conviction occurred. For the specific procedure, see Va. Code Ann. § 19.2-392.2.


No fees can be required under this subsection. Va. Code Ann. § 19.2-392.2(B).


For the procedure to expunge physical and electronic copies, see 6 VAC 20-120-80.


For information regarding expungement due to a factual pardon, visit here.

Waiting Periods

There is no statutory language regarding a waiting period.


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