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Virginia: Adult Factual Innocence (VA-FI-3)

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).
Record Detail(s)
Unlawful or mistaken arrest or charge
Identity theft
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Hearing
No statutory language
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation
No statutory language.
Procedure General
The procedure is automatic. Va. Code Ann. § 19.2-392.9(A).
Fees
There is no statutory language regarding fees.
Effect
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.
Waiting Periods
There is no waiting period.

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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.