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| Virgin Islands | Virgin Islands | Virgin Islands | Virgin Islands | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | Virginia | |
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| Clearance policy overview | 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 charges where the child is not found delinquent can be expunged. V.I. Code Ann. tit. 5, § 2531(e). | 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 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 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 can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.2(A). | Criminal records resulting from identity theft can be expunged by the court. Va. Code Ann. § 19.2-392.2(B). | 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). | Records resulting in a deferred and dismissed disposition or conviction can be sealed. Va. Code Ann. § 19.2-392.12(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 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 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 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 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 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). | 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 relating to a marijuana-related felony conviction or adjudication may be expunged. Va. Code Ann. § 19.2-392.2:2(A). | 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 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 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. |
| Ineligible Category or Citation | 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). | 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). | 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). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | No statutory language. | 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) | See Va. Code Ann. § 16.1-306(B). | See Va. Code Ann. § 16.1-306(B). | There is no statutory language regarding ineligible offenses. | 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). | 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). | No statutory language. | No statutory language. | No statutory language. | 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) | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. |
| Clearance Process | By petition or court's own motion | By petition or court's own motion | By petition or court's own motion | Petition-based | Automatic | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Automatic | Automatic | Petition-based | Automatic | Automatic | Automatic | Automatic | Petition-based | Automatic | Automatic | Automatic |
| Waiting Periods | 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. | 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. | The records are destroyed when the person has attained the age of 29. | 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). | There is no 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 statutory language regarding a waiting period. |
| 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 | No fees can be required under this subsection. Va. Code Ann. § 19.2-392.2(B). | 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). | 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. | 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. | 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. | 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). |
| Effect | There is no statutory language regarding the effect of expungement. | There is no statutory language regarding the effect of expungement. | 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). | The person is treated as if they were never arrested. V.I. Code Ann. tit. 5, § 3738. | 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. | 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). | 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). | 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 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). | 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 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 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). | 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). | 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). | 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). | 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. | 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). |
| Remedy | Expunge | Expunge | Seal | Expunge | Seal | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Seal | Expunge | Seal | Expunge | Expunge |
