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Clearance policy overview Records relating to the deferred disposition of a criminal case that were later dismissed shall be expunged. Va. Code Ann. § 19.2-298.02(D). Criminal records resulting from identity theft can be expunged by the court. Va. Code Ann. § 19.2-392.2(B). 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). Records relating to an arrest can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.11(A). Records relating to an arrest and court proceedings can be expunged by the court upon the successful completion of pretrial intervention, nolle prosequi, dismissal with prejudice, or the expiration of the limitations period without charges. V.I. Code Ann. tit. 5, §§ 3732, 3733. Records relating to delinquency matters can be vacated and sealed two years after the person's final discharge from custody or supervision, or in a case not involving custody or supervision, two years from any other court order. V.I. Code Ann. tit. 5, § 2531(a). Records relating to charges where the child is not found delinquent can be expunged. V.I. Code Ann. tit. 5, § 2531(e). Records relating to any adjudication of a person in need of supervision can be expunged. V.I. Code Ann. tit. 5, § 2531(d). Records relating to a misdemeanor conviction can be expunged by the court. 5 V.I.C. § 3734. Records relating to an arrest, criminal complaint, or conviction can be expunged for marijuana-related crimes or offenses where the amount seized is no more than 2 ounces in total weight. 5 V.I.C. § 3734a. Records relating to a marijuana conviction can be expunged by the court two years after sentence completion if the person served between 61 and 180 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(3). Records relating to a marijuana related conviction can be expunged by the court five years after sentence completion if the person served between 181 and 365 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(4). Records relating to a marijuana related conviction can be expunged by the court six months after sentence completion if the person served between 0 and 14 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(2). Records relating to a marijuana related conviction can be expunged by the court one year after sentence completion if the person served between14 and 60 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(2). Records relating to an arrest and court proceedings are expunged by the court upon dismissal after the successful completion of probation without conviction for a first offense. V.I. Code Ann. tit. 5, § 3711(c). Records relating to arrest and court proceedings can be expunged by the court upon dismissal pursuant to successful completion of probation without conviction for a first controlled substance possession offense, so long as the person was not over age 21 at the time of the offense. V.I. Code Ann. tit. 19, § 607(b). The criminal history record of a case can be sealed by the court within 60 days after disposition of the case if no probable cause has been determined upon arraignment or the charges are dismissed without prejudice. 13 V.S.A. § 7603(a). The criminal history record of a case ending without conviction can be sealed or expunged by the court within 60 days after final disposition if the person is acquitted or charges are dismissed, or at any time the prosecuting attorney and party stipulate that the court may grant the petition to expunge the record. 13 V.S.A. § 7603(e). The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603 before July 1, 2018 can be expunged by the court, unless the state's attorney objects. 13 V.S.A. § 7603(h). The criminal history record is sealed by the court 60 days after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, unless the prosecuting attorney objects. 13 V.S.A. § 7603(a).
Ineligible Category or Citation No statutory language. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. Persons with convictions requiring a report to the Central Criminal Records Exchange under Va. Code Ann. §19.2-390(A) in the past three years, excluding traffic infractions under Title 46.2, are ineligible. Va. Code Ann. § 19.2-392.11(A). A person who has other charges or arrests pending or who flees the jurisdiction to avoid prosecution cannot have records expunged. V.I. Code Ann. tit. 5, § 3733(b)(1). The person cannot have been convicted of a felony or misdemeanor, and no proceeding can be pending seeking a conviction or adjudication. V.I. Code Ann. tit. 5, § 2531(a)(2). There is no statutory language regarding ineligible offenses. The person cannot have been convicted of a felony or misdemeanor, and no proceeding can be pending seeking a conviction or adjudication. V.I. Code Ann. tit. 5, § 2531(a)(2). There is no statutory language regarding ineligible offenses. Limited to marijuana related crimes or offenses only where the amount seized cannot exceed 2 ounces in total weight. 5 V.I.C. § 3734a. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. An offense that resulted in personal injury or death, or in which a deadly weapon was used, is ineligible. V.I. Code Ann. tit. 5, § 3711(c). This provision applies only to controlled substance possession. V.I. Code Ann. tit. 19, § 607(c). There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. See section 7601 for qualifying offenses. 13 V.S.A. § 7603.
Clearance Process By petition or court's own motion Petition-based Petition-based Automatic Petition-based By petition or court's own motion By petition or court's own motion By petition or court's own motion Petition-based Automatic Varies Varies Varies Varies Automatic Petition-based Automatic Petition-based Automatic Automatic
Waiting Periods 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 statutory language regarding a waiting period. The petition can be filed two years after the person's final discharge from legal custody or supervision, or the entry of any other court order not involving custody or supervision. There is no statutory language regarding a waiting period. There is no waiting period. The petition can be filed six months after the completion of the jail term or probation term, whichever is later. The petition can be filed one year after completion of the jail term or probation term, whichever is later. The petition can be filed two years after the completion of jail term or probation term, whichever is later. The petition can be filed five years after the completion of jail term or probation term, whichever is later. There is a 6-month waiting period. There is a 6-month 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. The record can be sealed 12 months after dismissal or at any time if the prosecuting attorney so stipulates.
Fees There is no statutory language regarding fees. No fees can be required under this subsection. Va. Code Ann. § 19.2-392.2(B). There are no 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. 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. 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 are no fees. There is no statutory language regarding fees. There are no fees. There is no fee.
Effect A dismissed charge may be considered dismissed for purposes of expungement of police and court records in accordance with Va. Code Ann. §€‚19.2-392.2. Va. Code Ann. § 19.2-298.02(D). 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). For the procedure to expunge physical and electronic copies, see 6 VAC 20-120-80.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). The clerk of each circuit court shall provide an electronic copy of any order entered under subsection Va. Code Ann. §€‚19.2-392.13(D) to the Department of State Police on at least an annual basis. Upon receipt of such order, the Department of State Police shall proceed as set forth in Va. Code Ann. §€‚19.2-392.13. The person is treated as if they were never arrested. V.I. Code Ann. tit. 5, § 3738. Upon entry of the order, the proceedings in the case will be treated as if they never occurred, and all index references will be deleted, and the court and law enforcement and departments will reply, and the person can reply, to any inquiry that no record exists with respect to such a person. V.I. Code Ann. tit. 5, § 2531(c). Any adjudication of delinquency, person in need of supervision, or conviction of a crime subsequent to sealing and prior to the child becoming an adult will have the effect of nullifying the sealing order. V.I. Code Ann. tit. 5, § 2531(d). There is no statutory language regarding the effect of expungement. There is no statutory language regarding the effect of expungement. The person is treated as if they were never arrested. The superior court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The superior court can order the disclosure of the expunged conviction records to a court when preparing presentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. V.I. Code Ann. tit. 5, § 3738. The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. V.I. Code Ann. tit. 19, § 607(b)(2). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The court may grant the petition and order the record expunged or sealed depending on the age of the petitioner at the time of the offense and what remedy better serves the interests of justice. 13 V.S.A. § 7602(c). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged records.13 V.S.A. § 7606(a), (b). The petitioner is treated in all respects as if there was no arrest. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).
Remedy Expunge Expunge Expunge Seal Expunge Seal Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Seal

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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.