SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
961656350Be it enacted by the General Assembly of Virginia:
1. That § 16.1-306 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 16.1-306. Expungement of court records.
A. Notwithstanding the provisions of § 16.1-69.55, the clerk of the
juvenile and domestic relations district court shall, on January 2 of each year
or on a date designated by the court, destroy its files, papers and records
connected with any proceeding concerning a juvenile in such court, if such
juvenile has attained the age of nineteen years and five years have elapsed
since the date of the last hearing in any case of the juvenile which is subject
to this section. However, if the juvenile was found guilty of a delinquent act
which would be a felony if committed by an adult, or an offense for which the
clerk is required by § 46.2-383 to furnish an abstract to the Department
of Motor Vehicles, the records shall be destroyed when the juvenile has
attained the age of twenty-nine.
B. In all files in which the court records concerning a juvenile
contain a finding of guilty of a delinquent act which would be a felony if
committed by an adult or an offense for which the clerk is required by §
46.2-383 to furnish an abstract to the Department of Motor Vehicles together
with findings of not innocent of other acts, all of the records of such
juvenile subject to this section shall be retained and available for inspection
as provided in § 16.1-305.
C. B. Except in cases where a juvenile fourteen years of
age or older at the time of the offense was found guilty of a delinquent act
which would be a felony if committed by an adult, a person who has been the
subject of a delinquency or traffic proceeding and whose records fall within
the provisions of subsection B A hereof may, after ten
years since the date of the last hearing in any case of the juvenile which is
subject to this section, file a motion requesting the destruction of all
records pertaining to his case. Notice of such motion shall be given to the
attorney for the Commonwealth. After a hearing on the matter, if the court
grants the motion, copies of the order shall be sent to offices or agencies
that are repositories of such records, and all such offices and agencies shall
comply with the order.
D. C. A person who has been the subject of a delinquency
or traffic proceeding and (i) has been found innocent thereof or (ii) such
proceeding was otherwise dismissed, may file a motion requesting the
destruction of all records pertaining to the charge of such an act of
delinquency. Notice of such motion shall be given to the attorney for the
Commonwealth. Unless good cause is shown why such records should not be
destroyed, the court shall grant the motion, and shall send copies of the order
to all officers or agencies that are repositories of such records, and all such
officers and agencies shall comply with the order.
E. D. Each person shall be notified of his rights under
subsections A, B and C and D of this section
at the time of his dispositional hearing.
F. E. Upon destruction of the records of a proceeding as
provided in subsections A, B, and C and
D, the violation of law shall be treated as if it never occurred. All
index references shall be deleted and the court and law-enforcement officers
and agencies shall reply and the person may reply to any inquiry that no record
exists with respect to such person.
G. F. All docket sheets shall be destroyed in the sixth
year after the last hearing date recorded on the docket sheet.
§ 16.1-306. (Delayed effective date) Expungement of court records.
A. Notwithstanding the provisions of § 16.1-69.55 and except for
adoption records governed by § 63.1-235, the clerk of the family court
shall, on January 2 of each year or on a date designated by the court, destroy
its files, papers and records connected with any proceeding concerning a
juvenile in such court, if such juvenile has attained the age of nineteen years
and five years have elapsed since the date of the last hearing in any case of
the juvenile which is subject to this section. However, if the juvenile was
found guilty of a delinquent act which would be a felony if committed by an
adult, or an offense for which the clerk is required by § 46.2-383 to
furnish an abstract to the Department of Motor Vehicles, the records shall be
destroyed when the juvenile has attained the age of twenty-nine.
B. In all files in which the court records concerning a juvenile
contain a finding of guilty of a delinquent act which would be a felony if
committed by an adult or an offense for which the clerk is required by §
46.2-383 to furnish an abstract to the Department of Motor Vehicles together
with findings of not innocent of other acts, all of the records of such
juvenile subject to this section shall be retained and available for inspection
as provided in § 16.1-305.
C. B. Except in cases where a juvenile fourteen years of
age or older at the time of the offense was found guilty of a delinquent act
which would be a felony if committed by an adult, a person who has been the
subject of a delinquency or traffic proceeding and whose records fall within
the provisions of subsection B A hereof may, after ten
years since the date of the last hearing in any case of the juvenile which is
subject to this section, file a motion requesting the destruction of all
records pertaining to his case. Notice of such motion shall be given to the
attorney for the Commonwealth. After a hearing on the matter, if the court
grants the motion, copies of the order shall be sent to offices or agencies
that are repositories of such records, and all such offices and agencies shall
comply with the order.
D. C. A person who has been the subject of a delinquency
or traffic proceeding and (i) has been found innocent thereof or (ii) such
proceeding was otherwise dismissed, may file a motion requesting the
destruction of all records pertaining to the charge of such an act of
delinquency. Notice of such motion shall be given to the attorney for the
Commonwealth. Unless good cause is shown why such records should not be
destroyed, the court shall grant the motion, and shall send copies of the order
to all officers or agencies that are repositories of such records, and all such
officers and agencies shall comply with the order.
E. D. Each person shall be notified of his rights under
subsections A, B and C and D of this section
at the time of his dispositional hearing.
F. E. Upon destruction of the records of a proceeding as
provided in subsections A, B, and C and
D, the violation of law shall be treated as if it never occurred. All
index references shall be deleted and the court and law-enforcement officers
and agencies shall reply and the person may reply to any inquiry that no record
exists with respect to such person.
G. F. All docket sheets shall be destroyed in the sixth
year after the last hearing date recorded on the docket sheet.