Automatic Eligibility: Each year the records of any juvenile who has reached 19 years of age are destroyed, provided that 5 years have elapsed from the date of the last hearing.
If the offense was a motor vehicle violation, then the criminal record will be maintained until the age of 29.
For offenses that would be felonies if committed by an adult, the records of such acts are not automatically destroyed.
The Juvenile and Domestic Relations Court is responsible for automatic destructions. Contact the clerk of the court for more information.
Non-Automatic Eligibility: Juveniles (a) who were subjects of delinquency proceedings or traffic proceedings and (b) who were found innocent (or had the charges dismissed) can request all criminal records destroyed without waiting for the automatic process to occur at age 19/29.
Juveniles Found Guilty: A juvenile found guilty in a delinquency proceeding can still clear their criminal record. As stated in the statutes, a guilty finding will not impose any civil disabilities ordinarily imposed by conviction for a crime, nor shall ]it fix text] disqualify the child for employment by any state or local governmental agency. (Virginia Code Sec. 16.1-308) If you think you may qualify under any of these juvenile expungement conditions, it is highly recommended to use an experienced lawyer to be sure the petition is file correctly and that you meet all the stringent and extensive rules for eligibility.
For other articles on Virginia expungement of criminal records, click on the following:
Overview of Virginia Criminal History Record Expungements
Eligibility for Expunging and Sealing Adult Criminal records in Virginia
Process for Expunging Adult Criminal Records in Virginia
Process for Expunging Juvenile Criminal Records in Virginia
Do I Need an Attorney to Expunge My Criminal Record in Virginia?