Va. Code » Title 19.2. Criminal Procedure » Chapter 23.1. Expungement of Criminal Records
Virginia Code

Va. Code Ann. § 19.2-392.1 (2026)

Statement of policy

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The General Assembly finds that arrest records can be a hindrance to a citizen's ability to obtain employment and an education. It further finds that the police and court records of those of its citizens who have been absolutely pardoned for crimes for which they have been unjustly convicted or who have demonstrated their rehabilitation can also be a hindrance. This chapter is intended to protect such persons from the unwarranted damage that may occur as a result of being arrested and convicted.

1977, c. 675; 1984, c. 642; 2021 Sp. Sess. I, cc. 550, 551.

Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1982–2026 · leading case: A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018).
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A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018). · cites it 6× “See Code § 19.2-392.1 (statement of policy stating General Assembly's finding that "arrest records can be a hindrance to an innocent citizen's ability to obtain employment, an education and to obtain credit.”
Hearn v. Hudson, 549 F. Supp. 949 (W.D. Va. 1982). · cites it 8× “” Va.Code § 19.2-392.1. It is clear that the administration of records related to law enforcement is a function close to the core of state government.”
Necaise v. Com., 708 S.E.2d 864 (Va. 2011). · cites it 4× “A more fundamental reason for our holding is provided by the statement of legislative policy contained in Code § 19.2-392.1, which was enacted simultaneously with Code § 19.”
Commonwealth v. Jackson, 499 S.E.2d 276 (Va. 1998). · cites it 2× “” The Commonwealth did not file an answer, but appeared at the hearing on the petition, opposing it on the ground that Jackson was not “innocent” as contemplated in the statement of policy governing expungement contained in Code § 19.”
Gregg v. Commonwealth, 316 S.E.2d 741 (Va. 1984). · cites it 2× “This chapter is intended to protect the innocent persons who are arrested from unwarranted damage which may occur as a result of being arrested.”
Com. v. Dotson, 661 S.E.2d 473 (Va. 2008). · cites it 4× “Code § 19.2-392.1 contains the following statement of policy: The General Assembly finds that arrest records can be a hindrance to an innocent citizen's ability to obtain employment, an education and to obtain credit.”
Brown v. Com., 677 S.E.2d 220 (Va. 2009). · cites it 2× “[3] The policy reason for allowing expungement of police and court records relating to a criminal charge is set forth in Code § 19.2-392.1: The General Assembly finds that arrest records can be a hindrance to an innocent citizen's ability to obtain employment, an education and…”
Ein v. Commonwealth, 436 S.E.2d 610 (Va. 1993). “Ein failed to give notice to [Barry and Lewis], or any other interested party, of his request for the order of expungement; and IT FURTHER APPEARING TO THE COURT that manifest injustice would result from the enforcement of the order of expungement, which was procured in…”
Morris v. Massingill, 61 Va. Cir. 532 (Va. Cir. Ct. 2003). · cites it 2× “, Va. Code Ann. §§ 19.2-392.1 to 19.2-392.4 (Lexis 2003).”
Williams v. Commonwealth, 885 S.E.2d 457 (Va. 2023). · cites it 6× “Code § 19.2-392.1. Where a petitioner is convicted of a lesser included offense of the original charge, the original charge does not qualify for expungement.”
Alejandra Isabel Obregon v. Commonwealth of Virginia, 878 S.E.2d 418 (Va. Ct. App. 2022). · cites it 2× “Because a citizen with an expungable record “occupies the status of innocent,” even a “reasonable possibility” of such hindrance can be “a basis of a finding of manifest injustice.” Id. at 161-62. Therefore, the Court held that an expungement petitioner only needed to establish…”
Forness v. Commonwealth, 302 Va. 1 (2023). · cites it 2× “The continued dissemination of false information indicating that Forness is a convicted felon is likely to cause him adverse effects in employment and society at large, as is explicitly recognized by Code § 19.2-392.1. Forness was never convicted of a prior DWI felony.”
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