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| Utah | Utah | Utah | Utah | Utah | Utah | Utah | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | |
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| Clearance policy overview | Records relating to misdemeanors below Class B and infractions can be expunged by the court three years after the sentence is completed. Utah Code Ann. § 77-40-105(3)(c)(v). | Records relating to an offense are expunged upon a pardon by the Board of Pardons and Paroles. Utah Code Ann. § 77-27-5.1. | Records relating to certain convictions can be vacated by the court if the petitioner committed the offense while subject to force, fraud, or coercion as a victim of human trafficking. Utah Code Ann. § 78B-9-104(1)(h). | Records relating to a single Class A, Class B, or other misdemeanor convictions can be expunged. Utah Code Ann. § 77-40a-303. | Records relating to a single felony conviction for drug possession or operating a motor vehicle with a controlled substances can be expunged within five to 10 years. Utah Code Ann. § 77-40a-303. | Records relating to traffic citations that are dismissed upon the successful completion of a diversion agreement, can be expunged by the court. Utah Code Ann. § 77-2-4.2. | Records relating to an arrest, investigation, and detention that resulted in a traffic offense conviction may be eligible for a certificate of expungement, so long as 3 years have passed since the arrest for Class C misdemeanors or infractions and 4 years have passed since the arrest for Class B misdemeanors or infractions. Utah Code Ann. § 77-40a-302(c). | Records relating to an offense in which a person is charged or arrested as a result of mistaken identity or identity theft can be deleted or sealed after the court has issued a determination of factual innocence. Va. Code Ann. § 19.2-392.9(A). | 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. | Records relating to a charge for which the petitioner received an absolute pardon because of factual innocence are expunged. Va. Code Ann. § 19.2-392.2(I). | Records relating to purchasing or possessing alcoholic beverages while underage pursuant to Va. Code Ann. §€‚4.1-305, that were deferred and dismissed, shall be automatically sealed. Va. Code Ann. § 19.2-392.6(A). | Records relating to a marijuana-related felony conviction or adjudication may be expunged. Va. Code Ann. § 19.2-392.2:2(A). | If a person is charged with a misdemeanor offense, excluding traffic infractions under Title 46.2, and (i) the person is acquitted, (ii) a nolle prosequi is entered, or (iii) the charge is otherwise dismissed, the court disposing of the matter shall, at the time the acquittal, nolle prosequi, or dismissal is entered, order that the charge be automatically sealed. Va. Code Ann. § 19.2-392.8(A). If a person is charged with a felony offense and is acquitted, or the charge is dismissed with prejudice, they may immediately upon the acquittal or dismissal, orally request that the records relating to the charge be sealed. Va. Code Ann. § 19.2-392.8(B). | Records of convictions for prostitution and related offenses can be vacated and expunged by the court if the petitioner's participation in the offense was a result of having been a victim of sex trafficking. Va. Code Ann. § 19.2-327.19(A). | Records relating to a traffic infraction under Title 46.2 that are not punishable as a criminal offense shall be sealed by the Department of Motor Vehicles, unless such sealing is prohibited under federal or state law. Va. Code Ann. § 19.2-392.17(B). | 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). | 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). | 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). | 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). | Records resulting in a deferred and dismissed disposition or conviction can be sealed. Va. Code Ann. § 19.2-392.12(A). |
| Ineligible Category or Citation | See subsection (2) for ineligible offenses. Utah Code Ann. § 77-40-105(2). | There is no statutory language regarding ineligible offenses. | This remedy only applies to offenses in Utah Code Ann. § 78B-9-104(1)(h). | See Utah Code Ann. § 77-40a-303(5) for ineligible offenses. | See Utah Code Ann. § 77-40a-303(1), (5), (6) for ineligible offenses. | See Utah Code Ann. § 77-2-9 and Utah Code Ann. § 77-2-4.2(5)(b) for ineligible offenses. | See Utah Code Ann. §77-40a-302(2) for ineligibility. | No statutory language. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | If on the date of the deferral, dismissal, or conviction, a person was convicted of another offense that is not eligible for automatic sealing under Va. Code Ann. § 19.2-392.6(A),(B), that person is not eligible for automatic sealing. Va. Code Ann. § 19.2-392.6(D) | No statutory language. | No statutory language. | No statutory language. | The Department of Motor Vehicles shall not seal a record of a traffic infraction if a person is subject to an administrative suspension issued pursuant to the Driver Improvement Program requirements under Va. Code Ann. §§§€‚46.2-498, 46.2-499, or 46.2-506. Va. Code Ann. § 19.2-392.17(C). | If the juvenile was found guilty of a delinquent act which would be a felony if committed by an adult, the records will be retained. Va. Code Ann. § 16.1-306(A). | There is no statutory language regarding ineligible offenses. | See Va. Code Ann. § 16.1-306(B). | See Va. Code Ann. § 16.1-306(B). | A petitioner who (a) has been convicted of offenses such as manslaughter, maiming, etc, (b) has been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (c) has been convicted of a Class 3 or 4 felony within the past 20 years, or (d) has been convicted of any other felony within the past 10 years of their petition, is ineligible. Va. Code Ann. § 19.2-392.12(A) |
| Clearance Process | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Petition-based | Automatic | Automatic | Automatic | Automatic | Petition-based | Automatic | Automatic | Petition-based |
| Waiting Periods | The petition can be filed three years after the conviction or release from incarceration, parole, or probation, whichever occurred last. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is a 3- to 7-year waiting period. | There is a 5- to 10-year waiting period. | There is no statutory language reagarding a waiting period. | There is a 3- to 4-year waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no waiting period. | There is no waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. | There is no waiting period. | The petitioner must wait until January 2 (or a date designated by the court) of the year after turning 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), (C). | The petition can be filed at any time. | The petitioner must wait until January 2 (or a date designated by the court) of the year after turning 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), (C). | The records are destroyed when the person has attained the age of 29. | There is no waiting period. |
| Fees | The fee for filing a petition for expungement is $150. Utah Code Ann. § 78A-2-301(1)(i). The BCI charges application and issuance fees in accordance with section 63J-1-504. Utah Code Ann. § 77-40-106(3)(a); see also BCI form. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-40a-304. | The bureau charges application and issuance fees in accordance with section. Utah Code Ann. § 77-2-4.2 (c), Utah Code Ann. § 76-3-301.5. | There is no statutory language on fees. | There is no statutory language regarding fees. | No fees can be required under this subsection. Va. Code Ann. § 19.2-392.2(B). | No fees can be required under this subsection. Va. Code Ann. § 19.2-392.2(B). | There is no statutory language regarding fees. | If the court enters an order of expungement, the clerk of the court shall refund to the petitioner costs paid by the petitioner. Va. Code Ann. § 19.2-392.2:2(J). | There is no statutory language regarding fees. | If the court enters a writ of vacatur, the petitioner shall be entitled to a refund of all fines, costs, forfeitures, and penalties paid in relation to the qualifying offense that was vacated. Va. Code Ann. § 19.2-327.19(E). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | Payment of fees or costs are required, unless the court finds the petitioner to be indigent pursuant to Va. Code Ann. §€‚19.2-159. Va. Code Ann. § 19.2-392.12(B). |
| Effect | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40-108. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401(2), Utah Code Ann. § 77-27-5.1(2). | The conviction can be vacated. Utah Code Ann. § 78B-9-104. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed. Utah Code Ann. § 77-2-7. | The person can respond to any inquiry as though the arrest or conviction did not occur. Utah Code Ann. § 77-40a-401 (2). | Upon entry of an order for sealing, the clerk of court shall not disseminate any court record of such arrest, charge, or conviction, except in certain circumstances. Va. Code Ann. § 19.2-392.13. | Upon the entry of an order of expungement, the clerk of the court shall forward a copy of the order to the Department of State Police, which shall, pursuant to certain rules and regulations, direct the manner by which the appropriate expungement or removal of such records shall be effected. Va. Code Ann. § 19.2-392.2(K). | Upon the entry of an order of expungement, the clerk of the court shall forward a copy of the order to the Department of State Police, which shall, pursuant to certain rules and regulations, direct the manner by which the appropriate expungement or removal of such records shall be effected. Va. Code Ann. § 19.2-392.2(K). | Upon entry of such an order for sealing, the clerk of court shall not disseminate any court record of such arrest, charge, or conviction, except in certain circumstances. Va. Code Ann. § 19.2-392.13. | Records, including electronic records, relating to an arrest, charge, conviction, or adjudication that was ordered to be expunged shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated and used for certain purposes. Va. Code Ann. § 19.2-392.2:2(H). | Records will be sealed and may only be disseminated for certain purposes and according to certain rules and regulations. Va. Code Ann. § 19.2-392.8(E). | If a writ of vacatur is granted, an order of expungement shall be entered by the circuit court. Upon entry of the order, the clerk of court shall forward a copy of the writ of vacatur, the order, and the petitioner's fingerprints to the Department of State Police, which shall expunge the qualifying offense. Va. Code Ann. § 19.2-327.19(B). Such copy shall be sufficient proof that the person named in the writ is no longer under any disability, disqualification, or other adverse consequence resulting from the vacated conviction or adjudication of delinquency. Va. Code Ann. §§ 19.2-327.19 (A), (B). | Upon entry of an order for sealing, the Department of Motor Vehicles shall seal all records if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied. Va. Code Ann. § 19.2-392.17(B). | Upon destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E). | Upon the destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law-enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E). | Upon the destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law-enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E). | Upon the destruction of the records, the violation of law will be treated as if it never occurred. All files, papers, and records, including electronic records and index references, will be deleted and the court and law-enforcement officers and agencies will reply€š and the person can reply€š to any inquiry that no record exists with respect to such person. Va. Code Ann. § 16.1-306(E). | Upon entry of an order of sealing, the clerk of court shall not disseminate any court record of such arrest, charge, or conviction, except in certain circumstances. The records will be sealed in accordance with Va. Code Ann. § 19.2-392; Va. Code Ann. § 19.2-392.12(I). |
| Remedy | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Seal | Expunge | Seal | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Seal |
