2006 Code of Virginia § 19.2-392.2 - Expungement of police and court records

19.2-392.2. Expungement of police and court records.

A. If a person is charged with the commission of a crime and

1. Is acquitted, or

2. A nolle prosequi is taken or the charge is otherwise dismissed, includingdismissal by accord and satisfaction pursuant to 19.2-151, or

3. Is granted an absolute pardon for the commission of a crime for which hehas been unjustly convicted, he may file a petition setting forth therelevant facts and requesting expungement of the police records and the courtrecords relating to the charge.

B. If any person whose name or other identification has been used without hisconsent or authorization by another person who has been charged or arrestedusing such name or identification, he may file a petition with the courtdisposing of the charge for relief pursuant to this section.

C. The petition with a copy of the warrant or indictment if reasonablyavailable shall be filed in the circuit court of the county or city in whichthe case was disposed of by acquittal or being otherwise dismissed and shallcontain, except where not reasonably available, the date of arrest and thename of the arresting agency. Where this information is not reasonablyavailable, the petition shall state the reason for such unavailability. Thepetition shall further state the specific criminal charge to be expunged, thedate of final disposition of the charge as set forth in the petition, thepetitioner's date of birth, and the full name used by the petitioner at thetime of arrest.

D. A copy of the petition shall be served on the attorney for theCommonwealth of the city or county in which the petition is filed. Theattorney for the Commonwealth may file an objection or answer to the petitionwithin twenty-one days after it is served on him.

E. The petitioner shall obtain from a law-enforcement agency one complete setof the petitioner's fingerprints and shall provide that agency with a copy ofthe petition for expungement. The law-enforcement agency shall submit the setof fingerprints to the Central Criminal Records Exchange (CCRE) with a copyof the petition for expungement attached. The CCRE shall forward under sealto the court a copy of the petitioner's criminal history, a copy of thesource documents that resulted in the CCRE entry that the petitioner wishesto expunge, and the set of fingerprints. Upon completion of the hearing, thecourt shall return the fingerprint card to the petitioner.

F. After receiving the criminal history record information from the CCRE, thecourt shall conduct a hearing on the petition. If the court finds that thecontinued existence and possible dissemination of information relating to thearrest of the petitioner causes or may cause circumstances which constitute amanifest injustice to the petitioner, it shall enter an order requiring theexpungement of the police and court records relating to the charge.Otherwise, it shall deny the petition. However, if the petitioner has noprior criminal record and the arrest was for a misdemeanor violation, thepetitioner shall be entitled, in the absence of good cause shown to thecontrary by the Commonwealth, to expungement of the police and court recordsrelating to the charge, and the court shall enter an order of expungement.

G. The Commonwealth shall be made party defendant to the proceeding. Anyparty aggrieved by the decision of the court may appeal, as provided by lawin civil cases.

H. Notwithstanding any other provision of this section, when the charge isdismissed because the court finds that the person arrested or charged is notthe person named in the summons, warrant, indictment or presentment, thecourt dismissing the charge shall, upon motion of the person improperlyarrested or charged, enter an order requiring expungement of the police andcourt records relating to the charge. Such order shall contain a statementthat the dismissal and expungement are ordered pursuant to this subsection.Upon the entry of such order, it shall be treated as provided in subsection Ihereof.

I. Upon the entry of an order of expungement, the clerk of the court shallcause a copy of such order to be forwarded to the Department of State Police,which shall, pursuant to rules and regulations adopted pursuant to 9.1-134,direct the manner by which the appropriate expungement or removal of suchrecords shall be effected.

J. Costs shall be as provided by 17.1-275, but shall not be recoverableagainst the Commonwealth.

(1977, c. 675; 1983, c. 394; 1984, c. 642; 1990, c. 603; 1992, c. 697; 2001,cc. 40, 345.)