Overview Description

Records resulting in a deferred and dismissed disposition or conviction can be sealed. Va. Code Ann. § 19.2-392.12(A).

A petitioner who (a) has been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (b) has been convicted of a Class 3 or 4 felony within the past 20 years, or (c) has been convicted of any other felony within the past 10 years of their petition, is ineligible. Va. Code Ann. § 19.2-392.12(A).

The petition shall be filed in the circuit court of the county or city in which the case was disposed. Va. Code Ann. § 19.2-392.12(C).

Payment of fees or costs are required, unless the court finds the petitioner to be indigent pursuant to Va. Code Ann. § 19.2-159. Va. Code Ann. § 19.2-392.12(B).

Upon entry of an order of sealing, the clerk of court shall not disseminate any court record of such arrest, charge, or conviction, except in certain circumstances. The records will be sealed in accordance with Va. Code Ann. § 19.2-392.13. Va. Code Ann. § 19.2-392.12(I).