Criminal Cases - Expungement

Juvenile Records Retention Schedule

  • Kept until age 19 + 5 years from the last hearing:
    • Abuse and Neglect
    • Chins
    • Custody
    • Felony-Dismissal or non-conviction cases
    • Foster Care
    • Juvenile Misdemeanor Non-DMV Reportable
    • Paternity
    • Traffic Infraction Not Guilty or Dismissed
    • Visitation
  • Kept until age 29: Traffic Infraction or Misdemeanor Conviction - DMV Reportable
  • Kept Indefinitely: Felony Conviction/Guilty

Adult Records Retention Schedule

  • Criminal cases are kept for 10 years from the last hearing date with the exception of cases in which the defendant is charged with § 16.1-253.2 or § 18.2-57.2, which must be kept for 20 years from the last hearing date.
  • Protective Order cases are kept for 10 years from the last hearing date.
  • Spousal Support cases are kept until one party is deceased or 10 years after the order was terminated.
  • Child Support cases are kept until the last dependent child is at least 19 years old and 10 years have elapsed since the termination of the support order.

Early Destruction of Court Records

Adult

Petition Or Motion For Expungement (Instructions) are filed in the Circuit Court even if the case was disposed of in Juvenile and Domestic Relations District Court.

Juvenile

Motion and Order For Expungement and Destruction of Juvenile Records (Instructions) are filed in Juvenile Court.
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