Overview Description

Records relating to an arrest can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.11(A).

Persons with convictions requiring a report to the Central Criminal Records Exchange under Va. Code Ann. §19.2-390(A) in the past three years, excluding traffic infractions under Title 46.2, are ineligible. Va. Code Ann. § 19.2-392.11(A).

The procedure is automatic. Upon receiving an electronic list of offenses from the Department of State Police, the chief judge of that circuit court shall enter an order directing that the offenses be automatically sealed under the process described in Va. Code Ann. § 19.2-392.13. Va. Code Ann. § § 19.2-392.13(C), (D).

There is no statutory language regarding fees.

The clerk of each circuit court shall provide an electronic copy of any order entered under subsection Va. Code Ann. § 19.2-392.13(D) to the Department of State Police on at least an annual basis. Upon receipt of such order, the Department of State Police shall proceed as set forth in Va. Code Ann. § 19.2-392.13.