53.1-231.2. This process is accomplished by reporting this information to your local sheriff, police or State Police Headquarters and requesting to be fingerprinted for the purpose of challenging a criminal record. Tambin puede llamar a la Lnea de Ayuda Legal de Desalojo (833-NoEvict) o a Virginia Legal Aid (866-LEGLAID). 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. Criminal record in employment & licensingA. A subscription to PACER is required. See HB 972. Upon receipt of a court order, petition, and other supporting documents for the expungement of a criminal history record, the superintendent, pursuant to 19.2-392.2 of the . Commonwealth of Virginia, Respondent ORDER OF EXPUNGEMENT It appearing to the Court that your Petitioner, [PETITIONER'S NAME], has filed in this Court a petition pursuant to 19.2-392.2 of the Code of Virginia, 1950, as amended, praying that police and court records relating to charges more particularly set forth therein be expunged See Comm. I am requesting the court to expunge court records . Information Regarding Petitions for Appeal Docketed for a Writ Panel Hearing, Information Regarding Pending Appeals that Have Been Granted, Justices of the Supreme Court of Virginia, Instructions for Qualification as Corporate Counsel Before this Court, Instructions for Attorneys Arguing Granted Cases Before the Court, Procedures for Obtaining a Certificate of Good Standing from the Clerk of the Supreme Court, Supreme Court of Virginia Computers the circuit court for the jurisdiction where the charge(s) were made. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Ban-the-Box in public hiringB. v. Dotson, supra, would appear to preclude expungement. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. See 2021 Virginia Laws Ch. See 2021 Virginia Laws Ch. 19.2-392.2(I). Va. Code Ann. One must be a representative of a victims group. See Va. Code Ann. [ ]Pursuant to Va. Code 2.2-402, the court has received the attached copy of an absolute pardon granted by the Governor. You are then eligible to request that the court expunge the record, but the commonwealths attorney could object, and a judge will need to decide. SeeVa. Code 53.1-40.02. Expungement of police and court records by petition is authorized under Va. Code Ann. Deferred disposition for a first drug offense: The court may grant deferred disposition for certain first drug offenses, upon plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt. 19.2-392.2, in the case of acquittal or where charges were nol prossed or otherwise dismissed, but not where adjudication deferred after a finding of guilt. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. When a criminal record is shielded, it will no longer be on Case Search or be available to the public. These forms are available as Adobe Acrobat PDF documents. He also issued a number of conditional pardons (commutations). ContactIII. LSCs support for this website is limited to those activities that are consistent with LSC restrictions. . On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. . Innocence is necessary for eligibility for expungement. Indiana. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. The name of the person using my identification is: .. [ ] Name Unknown OR [ ] I move the court to expunge the police and court records relating to the charge(s) in the summons, warrant, indictment or presentment, based on subsection H of 19.2-392.2. in the Courtroom Policy, Supreme Court of Virginia Informational Pamphlet, Amendments to Rules of the Supreme Court of Virginia, Amendments Arranged by Rule, with Amendments Tracked, Proposed Amendments to Rules of the Supreme Court of Virginia, Call for Comment on Draft Revisions to Rules of Court, Prior Requests for Comments on Draft Revisions to Rules of Court, Judges of the Court of Appeals of Virginia, Court of Appeals of Virginia Informational Pamphlet, Virginia Judiciary E-Filing System (VJEFS), Court-Appointed Counsel Procedures & Guidelines Manual, Alphabetical Listing of Commissioners of Accounts, Guardians and Conservators of Incapacitated Adults, Records Management and Retention, Library of Virginia, Unclaimed Property Division, Virginia Department of the Treasury, Individual General District Court Homepages, General District Court Civil Filing Fee Calculation, Virginia Date of Birth Confirmation (VDBC), Payments Online (General District Courts Only), General District Courts Informational Pamphlet, Licensed Property and Surety Bail Bondsmen, Juvenile and Domestic Relations District Court, Individual Juvenile and Domestic Relations District Court Homepages, Pay Criminal and Other Cases in a Juvenile and Domestic Relations District Court, Juvenile and Domestic Relations District Court Manual, Assistance with Protective Orders (I-CAN! Federal, state and local governmental agencies, including the Commonwealth of Virginia, are entitled to obtain these records. First, private companies (defined as business screening services under the bill) have an obligation to delete sealed records and must take steps to ensure they do not maintain sealed or inaccurate records. We respectfully disagree, the majority justices wrote. (Arrest Warrant) Filing fee ($98) The following forms can be completed online and printed for submission to the court. . Id. 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. These investigations may take as long as a year to complete. 53.1-231.2, described below. See 16.1-278.8. Post Office Box 2454 This bill also expanded the offenses subject to the limits on dissemination of criminal history record information (discussed above) to include arrests, charges, and convictions for misdemeanor with intent to distribute marijuana offenses. Send petition or motion for expungement in virginia general district court form via email, link, or fax. Otherwise, it shall deny the petition. However, the more convictions in your history, the less likely you will be granted partial expungement. Court may grant relief only if it finds manifest injustice to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: 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. (Note: Once the record is expunged it can only be accessed by Court Order.). Date of final disposition of charge(s): Court disposing of charge(s): Underlying Case No(s). See https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html. 19.2-392.4. (See https://www.cannabis.virginia.gov/.) The criminal charge will still have to follow the rules of expungement, whereby you were found to be innocent and/or not convicted of the charges. Virginia has nine legal aid programs. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. FILED IN A CIRCUIT COURT - ACQUITTAL/DISMISSAL . in the Courtroom Policy, Supreme Court of Virginia Informational Pamphlet, Amendments to Rules of the Supreme Court of Virginia, Amendments Arranged by Rule, with Amendments Tracked, Proposed Amendments to Rules of the Supreme Court of Virginia, Call for Comment on Draft Revisions to Rules of Court, Prior Requests for Comments on Draft Revisions to Rules of Court, Judges of the Court of Appeals of Virginia, Court of Appeals of Virginia Informational Pamphlet, Virginia Judiciary E-Filing System (VJEFS), Court-Appointed Counsel Procedures & Guidelines Manual, Alphabetical Listing of Commissioners of Accounts, Guardians and Conservators of Incapacitated Adults, Records Management and Retention, Library of Virginia, Unclaimed Property Division, Virginia Department of the Treasury, Individual General District Court Homepages, General District Court Civil Filing Fee Calculation, Virginia Date of Birth Confirmation (VDBC), Payments Online (General District Courts Only), General District Courts Informational Pamphlet, Licensed Property and Surety Bail Bondsmen, Juvenile and Domestic Relations District Court, Individual Juvenile and Domestic Relations District Court Homepages, Pay Criminal and Other Cases in a Juvenile and Domestic Relations District Court, Juvenile and Domestic Relations District Court Manual, Assistance with Protective Orders (I-CAN! See HB711. 550, cl. The forms are designed to be printed out on your printer, filled out and then submitted. Its filing code is CC-1416. 53.1-135. These are all listed in his end-of-year reports to the legislature. Request for Withdrawal (PDF) Online Forms Juvenile (Form numbers 40 (A), 500-599) Domestic Relations (Form numbers 600-699) Mental Health - Juvenile (Form numbers 5000's) District Court - General (Form numbers 40 (A), 52 and 91) View All State of Virginia Forms Virginia General District Court Forms and Instructions How do I correct my criminal record? The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individuals criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. Click inside Va. Code Ann. It is very difficult to obtain an expungement in Virginia, unless you fit the criteria above. A. FORM CC-1472 MASTER 11/15 . Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if your situation meets the requirements for an expungement. VaLegalAid.org is provided as a public service and your feedback will help us to improve this site. See Comm. In 2020, HB757 added 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. Clean Slate law: Sealing of convictions and non-convictionsIV. Comm. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. If I was under 18 when I was convicted of a crime, can I get the record expunged? Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. Applicants should also be aware that certain employers are legally entitled to obtain copies of applicants and employees criminal history records from Virginias Central Criminal Records Exchange. You should see an attorney for more specific advice about your situation. See 19.2-327.15 et seq. Va. Code Ann. Va. Code Ann. Non-conviction recordsF. It will be necessary for you to be fingerprinted after presenting a valid photo identification, such as a valid state issued drivers license and/or state issued identification card. When prisoners finish their sentence, the director of the Department of Corrections is required to notify them of the procedures whereby civil rights may be restored. This does NOT mean the records are destroyed. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. 53.1-136(5). 18.2-308.2(A). Notice of restoration procedure by corrections director. 2022 modifications of the licensing law: In 2022, two identical laws were enacted that, if reenacted in 2023, will make a number of changes in the language governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. Id. Va. Code. Va. Code Ann. The Office of the Alexandria Clerk of Circuit Court has added to its services the Virginia Judicial Online Payment System (VJOPS). In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. Governor Robert McDonnell inaugurated the automatic restoration policy in 2013, following the conclusions of a task force convened by the Attorney General that 1) the General Assembly cannot establish by statute a process for the automatic restoration of rights; 2) the governor cannot institute by executive order an automatic, self-executing restoration of rights for all persons convicted of felonies in the Commonwealth of Virginia; but 3) the governor may exercise his discretionary clemency power in a more expansive manner to restore civil rights on an individualized basis. No. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).5. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry. The governor is required by the state constitution to give a reason for each grant in his report to the legislature (see above), but he generally gives no reasons for denials. Fairfax, VA 22035, Courtroom Technology Reservation Request, Electronic Filing of Civil Court Records (FSX), Juvenile and Domestic Relations District Court, Virginia Judicial System Court Self-Help Website, Expungement Petition - Acquittal/Dismissal - Form CC-1473. Richmond, Virginia 23218-2454 (See https://www.cannabis.virginia.gov/.). Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. Persons convicted of violent crimes were required to wait an additional three years. The legislation also removes the requirement that individuals seeking record clearance go to a law enforcement agency to get fingerprinted as part of the petition process, and the petitioner does not have to produce their criminal record. Restores right to vote, sit on jury, hold public office, and serve as a notary public. See Howell v. McAuliffe(Va. 2016). Juvenile recordsG. . If your application is a simple one where there have been no other convictions and the charge you were acquitted of was a misdemeanor, the judge will usually grant expungement except when the commonwealths attorney presents a very good reason why it should not be granted. If you have a mistaken identity conviction, the petition should be filed in the court where the case was decided (even if the case was heard in general district court or juvenile court). Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. Expungement, sealing & other record relief, A. See Part I-A,supra. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Watch this 30-second preview on the Self-Help Video Library. If renacted in 2023, these two 2022 laws would also make a number of changes in the language governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction. According to the Secretary of Commonwealths website, a petitioner must have pleaded not guilty and, if eligible, exhausted all other remedies, including filing a writ of actual innocence. Depending upon the nature of the mistaken information, DMV may agree to correct its listing without court action. The Adobe Reader (free from Adobe) allows you to view, complete and print PDF documents.These forms are designed and tested to work with the latest version of Adobe Acrobat Reader and may not display or function correctly in browser specific PDF viewers (Chrome, Edge, Firefox, Safari, etc.). A pdf of form CC-1473 can be downloaded at the Virginia court site. With an important caveat, a person may not be refused a license or occupational/professional certificate solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate or registration is sought. Magistrate Judge Kang's Settlement Conference Standing Order (.pdf, 283 KB) 05/24/2023. Some fields only allow one line Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. Criminal record expungement requests are heard by circuit courts, and, under certain conditions, by the general district courts. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. This authority is available even if the accused had a previous conviction, deferred disposition, or juvenile adjudication, unless a deferred disposition would be inconsistent with the interests of justice. Id. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. It is very difficult to obtain an expungement in Virginia, unless you fit the criteria above. Reverts to original layout including graphics and images. GOVERNING COURT PRACTICE AND PROCEDURE March 2017 Administrative Procedures of the Fairfax County General District Court March 2017 Page3 FREQUENTLY REQUESTED PHONE NUMBERS AND ADDRESSES Attn: Traffic (or Criminal) Division PO Box 10157 Other Appeals: 703 Fairfax General District Court: Fai Fairfax County General District Court Federal and out-of-state offenders are not eligible to apply for pardon. This trend toward automatic restoration of the franchise in Virginia was halted by Governor Glen Youngkin in 2023. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. If you are requesting your criminal record by mail, please allow time for them to process your request. 19.2-392.3, 19.2-392.4(A)(B). That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. Confession of Judgment/Certificate of Clerk. With one exception, all sealing authorities take effect July 1, 2025. Forms Petition Process Petitioner completes the appropriate petition. Sometimes victims have their identities stolen and crimes are committed in their names. Form-Related Information The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. However, a board shall have the authority to refuse a license . 16.1-307. Juveniles found guilty in circuit court of delinquency do not lose their civil rights and are not automatically disqualified from employment by state or local governmental agencies. All of our PDF files are tested prior to posting. How to Fill Out Revisable PDF Forms Format of Forms. SB5033. art. All fields within My name or other identification has been used without my consent or authorization by another person who has been charged or arrested using such name or identification. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were made. Generally, granting expungement under federal law is very limited in scope and will not be available even for someone who has been pardoned by the president. Relief for non-conviction records: Expungement and sealing available after one year (or occasionally earlier), which means that only a criminal justice agency can access these records without a court order; same relief available for convictions that were vacated on appeal - Indiana Code Section 35-38-9-1. On this basis, I request that the police and court records relating to this charge be expunged and that a copy of any order of expungement be forwarded to the Department of State Police pursuant to subsection I of 19.2-392.2. It is the policy of the Central Criminal Records Exchange (CCRE) to correct or otherwise modify a criminal record after receiving notification from the agency that sent the information for the record of the change to be initiated. Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence, see Va. Code Ann. Probably not. . Pardon Specialist 19.2-303.6. Forms provided by US Legal Forms, a third-party service that sells forms for a fee. If your browser doesnt open PDFs with Acrobat Reader, download (save) the form and then open it using Acrobat Reader, rather than opening it within your browser. Pardon policy & practiceA. You may want to petition the governor for a Simple Pardon. An absolute pardon is generally granted only for innocence. 1406). Employers may legally consider an applicants conviction(s) in making hiring decisions but they cannot discriminate against someone on the basis of their sex, race, age (40 and over), gender, disability, national origin, and religion. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. This is a Virginia form and can be use in District Court Statewide. EffectE. may be available from PACER. No filing fee will be required in the case of indigency. . art. 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