78443119.2-392.2Virginia Decodedhttps://vacode.org2016Criminal ProcedureExpungement Of Criminal RecordsExpungement of police and court records1977, c. 675; 1983, c. 394; 1984, c. 642; 1990, c. 603; 1992, c. 697; 2001, cc. 40, 345; 2007, cc. 465, 824, 883, 905; 2009, c. 618; 2011, c. 362; 2015, c. 426; 2016, c. 617.Com. v. Jackson971431499 S.E.2d 2761998-04-17https://www.courtlistener.com/opinion/1059914/com-v-jackson/ . . . arrest record subsequently expunged under Code § 19.2-392.2. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Gregg v. Com.Record No. 831738316 S.E.2d 7411984-06-15https://www.courtlistener.com/opinion/1333757/gregg-v-com/ . . . criminal record may be expunged under Code § 19.2-392.2. Here, disposition of a drug charge was in . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Daniel v. Com.040116604 S.E.2d 4442004-11-05https://www.courtlistener.com/opinion/1059023/daniel-v-com/ . . . Code § 19.2-392.2. We also consider whether the trial court was required under Code § . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Eastlack v. Com.100650710 S.E.2d 7232011-06-09https://www.courtlistener.com/opinion/1058020/eastlack-v-com/ . . . insanity may invoke the provisions of Code § 19.2-392.2 to obtain expungement of the police and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Hill012526570 S.E.2d 8052002-11-01https://www.courtlistener.com/opinion/1059286/com-v-hill/ . . . Reversed and final judgment. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Brown v. Com.081417677 S.E.2d 2202009-06-04https://www.courtlistener.com/opinion/1058337/brown-v-com/ . . . under one of the applicable provisions of Code § 19.2-392.2(A), specifically whether the criminal . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Dressner v. Commonwealth1204962013-01-10https://www.courtlistener.com/opinion/1057796/dressner-v-commonwealth/ . . . otherwise dismissed" as contemplated by Code § 19.2- . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Necaise v. Com.100157708 S.E.2d 8642011-04-21https://www.courtlistener.com/opinion/1058042/necaise-v-com/ . . . BY Senior Justice CHARLES S. RUSSELL. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Dotson071162661 S.E.2d 4732008-06-06https://www.courtlistener.com/opinion/1058496/com-v-dotson/ . . . convicted. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Roe v. Com.050909628 S.E.2d 5262006-04-21https://www.courtlistener.com/opinion/1058822/roe-v-com/ . . . disposition of papers in ended cases; Code § 19.2-392.2 that governs expungement of police and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Jackson971431499 S.E.2d 2761998-04-17https://www.courtlistener.com/opinion/1059914/com-v-jackson/ . . . arrest record subsequently expunged under Code § 19.2-392.2. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Gregg v. Com.Record No. 831738316 S.E.2d 7411984-06-15https://www.courtlistener.com/opinion/1333757/gregg-v-com/ . . . criminal record may be expunged under Code § 19.2-392.2. Here, disposition of a drug charge was in . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Daniel v. Com.040116604 S.E.2d 4442004-11-05https://www.courtlistener.com/opinion/1059023/daniel-v-com/ . . . Code § 19.2-392.2. We also consider whether the trial court was required under Code § . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Eastlack v. Com.100650710 S.E.2d 7232011-06-09https://www.courtlistener.com/opinion/1058020/eastlack-v-com/ . . . insanity may invoke the provisions of Code § 19.2-392.2 to obtain expungement of the police and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Hill012526570 S.E.2d 8052002-11-01https://www.courtlistener.com/opinion/1059286/com-v-hill/ . . . Reversed and final judgment. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Brown v. Com.081417677 S.E.2d 2202009-06-04https://www.courtlistener.com/opinion/1058337/brown-v-com/ . . . under one of the applicable provisions of Code § 19.2-392.2(A), specifically whether the criminal . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Dressner v. Commonwealth1204962013-01-10https://www.courtlistener.com/opinion/1057796/dressner-v-commonwealth/ . . . otherwise dismissed" as contemplated by Code § 19.2- . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Necaise v. Com.100157708 S.E.2d 8642011-04-21https://www.courtlistener.com/opinion/1058042/necaise-v-com/ . . . BY Senior Justice CHARLES S. RUSSELL. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Dotson071162661 S.E.2d 4732008-06-06https://www.courtlistener.com/opinion/1058496/com-v-dotson/ . . . convicted. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Roe v. Com.050909628 S.E.2d 5262006-04-21https://www.courtlistener.com/opinion/1058822/roe-v-com/ . . . disposition of papers in ended cases; Code § 19.2-392.2 that governs expungement of police and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/19.2-392.2/17.1-275Fees collected by clerks of circuit courts; generally/17.1-275/19.2-327.13Relief under writ/19.2-327.13/19.2-327.5Relief under writ/19.2-327.5/9.1-134Sealing of criminal history record information/9.1-134//19.2-392.2/19.2/23.1/19.2-392.218.2-186.518.2-57.3If a person is charged with the commission of a crime or any offense defined in Title 18.2, andsectionAA1 Is acquitted, orsectionA1A12 A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.sectionA2A22A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 21 days after it is served on him.sectionDD1After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court pursuant to subsection D that he does not object to the petition and (ii) when the charge to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, the court may enter an order of expungement without conducting a hearing.sectionFF1The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.sectionGG1Notwithstanding any other provision of this section, when a person has been granted an absolute pardon for the commission of a crime that he did not commit, he may file in the circuit court of the county or city in which the conviction occurred a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge and conviction, and the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection K.sectionII1Upon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order, it shall be treated as provided in subsection K.sectionJJ1Upon the entry of an order of expungement, the clerk of the court shall cause 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 such records shall be effected.sectionKK1Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth. If the court enters an order of expungement, the clerk of the court shall refund to the petitioner such costs paid by the petitioner.sectionLL1Any order entered where (i) the court or parties failed to strictly comply with the procedures set forth in this section or (ii) the court enters an order of expungement contrary to law, shall be voidable upon motion and notice made within three years of the entry of such order.sectionMM1