Overview Description

Records relating to any proceeding where the juvenile was found innocent or whose delinquency proceeding was otherwise dismissed will be automatically expunged. Va. Code Ann. § 16.1-306(A).

Ineligible Category or Citation

If the juvenile was found guilty of a delinquent act which would be a felony if committed by an adult, the records will be retained. Va. Code Ann. § 16.1-306(A).

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

Upon destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law enforcement officers and agencies will reply—and the person can reply—to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E).

Waiting Periods

The petitioner must wait until January 2 (or a date designated by the court) of the year after turning 19, so long as five years have elapsed since the date of the last hearing in the case. Va. Code Ann. § 16.1-306(A), (C).

(non-prod server)