Virginia Virginia

Below is a general overview of when juvenile records can be expunged in Virginia. Please note that the Clean Slate Clearinghouse does not provide legal advice. Read the legal policies and statutes for detailed statutory information. Juvenile Record Clearance Policies Overview Most juvenile records can be expunged.

  • If your case was dismissed (you not found guilty), your record should be automatically expunged after you turn 19 and five years have passed since the last hearing in your case. You can also submit a request to the court to expunge your record before you turn 19 years old or before five years have passed, but it is up to the judge whether or not to grant your request.
  • If you were adjudicated (found guilty) of a misdemeanor, your record should be automatically expunged after you turn 19 and five years have passed since the last hearing in your case. You should not have to do anything to get your record expunged.
You may not be eligible for expungement if you have certain convictions or adjudications on your record. Find a Lawyer If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. Court Forms and Resources If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.

Explore legal service providers located in the state by proximity to a zip code or county.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The Clean Slate Clearinghouse does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Records relating to a charge for which the petitioner received an absolute pardon because of factual innocence can be expunged. Va. Code Ann. § 19.2-392.2(I).

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Criminal records resulting from identity theft can be expunged by the court. Va. Code Ann. § 19.2-392.2(B).

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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.

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Records relating to charges for which petitioner received an absolute pardon because of factual innocence are expunged. Va. Code Ann. § 19.2-392.2(I).

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Records relating to an arrest can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.2(A).

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

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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).

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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).

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Records of an offense for which the clerk is required to furnish an abstract to the Department of Motor Vehicles will be expunged when the person turns 29. Va. Code Ann. § 16.1-306(A).

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