Overview Description

Records relating to a conviction for which a writ of factual innocence is issued by the state supreme court will be expunged by the trial court. Va. Code Ann. §§ 19.2-327.5, 19.2-327.13.

There is no statutory language regarding ineligible offenses.

The procedure is automatic. Upon receiving a writ of factual innocence from the state supreme court, the trial court will order the expungement of police and court records. Va. Code Ann. §§ 19.2-327.5, 19.2-327.13.

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.

There is no statutory language regarding a waiting period.