Overview Description

Records relating to a delinquent act which would be a misdemeanor if committed by an adult will be expunged automatically the year after the person turns 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).

Ineligible Category or Citation

Va. Code Ann. § 16.1-306 (B)

Procedure General

The procedure is automatic.

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 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)