Overview Description

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

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in court. For the specific procedure, see Va. Code Ann. § 16.1-306(C).

Fees

There is no statutory language regarding fees.

Effect

Upon the 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 petition can be filed at any time.

(non-prod server)