19 Va. Admin. Code § 30-170-30

Current through Register Vol. 41, No. 4, October 8, 2024

Section 19VAC30-170-30 - Expungement from Sex Offender and Crimes against Minors Registry; petition for removal

A. Upon receipt of a certified copy of a death certificate recording the death of any person registered with the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. If available, a set of fingerprints should accompany the death certificate.

B. Upon receipt of a duly attested copy of an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the pardoned person has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.

C. Upon receipt of a report from any clerk of a circuit court or other court of competent jurisdiction that any conviction previously reported to the Sex Offender and Crimes against Minors Registry has been reversed, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction is reversed has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.

D. Upon receipt of a certified copy of an order of expungement entered pursuant to § 19.2-392.2 of the Code of Virginia or the laws of the United States or any political subdivision thereof, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction has been expunged has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. An expungement for purposes of this subsection must be the result of an acquittal, a nolle prosequi, or dismissal of charges.

19 Va. Admin. Code § 30-170-30

Derived from VR545-01-18 §3, eff. August 9, 1995; amended, Virginia Register Volume 12, Issue 21, eff. August 7, 1996; Volume 14, Issue 22, eff. July 1, 1998. Amended, Virginia Register Volume 19, Issue 23, eff. July 3, 2003; Amended, Virginia Register Volume 38, Issue 20, eff. 6/24/2022.

Statutory Authority: § 9.1-915 of the Code of Virginia.