Virginia law § 19.2-327.19 outlines the process for obtaining relief through a writ of vacatur, including the issuance of proof that the individual is no longer under adverse consequences from a vacated conviction. If no appeal is pursued or the Supreme Court denies the appeal, the court will order expungement of the offense and notify the Department of State Police to remove records. However, the writ and related records are maintained by the court and can only be accessed through a court order.
A writ of vacatur is a court order that vacates or nullifies a conviction or adjudication of delinquency, removing certain legal consequences.
If no appeal is filed or if the Supreme Court denies the appeal, the court orders expungement of the offense, and the Department of State Police removes the records.
No, the records are maintained by the court and can only be accessed through a court order upon showing a need that serves the interests of justice.
The petitioner or the attorney for the Commonwealth can file a motion requesting access, and the court will decide if disclosure is appropriate.