expungement hearing (Virginia) · Go Syfert
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expungement hearing in Virginia

5 Virginia opinions name it 3 courts 2007–2025 3 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Daniel v. Com.green
va · 2004 · cited in 2 Virginia opinions naming this issue, 2018–2023
2 sentences

2018A petitioner may not seek to adduce facts at an expungement hearing to prove his innocence, Daniel , 268 Va. at 531 , 604 S.E.2d at 448 .

2018A petitioner may not seek to adduce facts at an expungement hearing to prove his innocence, Daniel , 268 Va. at 531 , 604 S.E.2d at 448 .

12
Ein v. Commonwealthgreen
va · 1993 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Ein v. Commonwealth, 246 Va. 396, 400 (1993) (holding that two respondents in a civil lawsuit filed by Ein were not entitled to notice of his expungement proceeding).

11
Mwangi v. Com.green
va · 2009 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023See Mwangi v. Commonwealth, 277 Va. 393, 395 (2009). 7 The expungement analysis provided in Code § 19.2-392.2 consists of a two-step process: (1) Whether the petitioner can seek expungement under the statute, and (2) whether the record qualifies as a manifest injustice.

11
Rook v. Rookgreen
va · 1987 · cited in 1 Virginia opinions naming this issue, 2007–2007
2 sentences

2007Petitioner relies primarily on the case of Parrish v. Jesse, 250 Va. 514 (1995), wherein the Supreme Court stated: Under settled legal principles, a judgment is void ab initio only if it “has been procured by extrinsic or collateral fraud, or entered by a court that did not have jurisdiction over the subject matter or the parties.” Rook v. Rook, 233 Va. 92, 95 , 353 S.E.2d 756, 758 (1987).

2007Petitioner relies primarily on the case of Parrish v. Jesse, 250 Va. 514 (1995), wherein the Supreme Court stated: Under settled legal principles, a judgment is void ab initio only if it “has been procured by extrinsic or collateral fraud, or entered by a court that did not have jurisdiction over the subject matter or the parties.” Rook v. Rook, 233 Va. 92, 95 , 353 S.E.2d 756, 758 (1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Parrish v. Jessee green
va · 1995
1 sentence

2007Petitioner relies primarily on the case of Parrish v. Jesse, 250 Va. 514 (1995), wherein the Supreme Court stated: Under settled legal principles, a judgment is void ab initio only if it “has been procured by extrinsic or collateral fraud, or entered by a court that did not have jurisdiction over the subject matter or the parties.” Rook v. Rook, 233 Va. 92, 95 , 353 S.E.2d 756, 758 (1987).

12007–2007

Statutes the citing opinions construe

VA § Va. Code Ann. § 19.2-392.2 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 44 (1981–2025) OH 40 (1999–2025) VA 5 (2007–2025) NY 4 (1994–2023) MO 3 (2016–2025) IN 2 (2014–2014) NJ 2 (2009–2009) FL 2 (1993–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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