Terms Used In Virginia Code > Title 19.2 > Chapter 23.1 - Expungement of Criminal Records

• Account: means any deposit or credit account with a bank including demand, time savings passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;

  (2) "Afternoon" means the period of a day between noon and midnight;

  (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions, but shall not include Saturday, Sunday or a legal holiday;

  (4) "Clearing house" means an association of banks or other payors regularly clearing items;

  (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;

  (6) "Documentary draft" means any negotiable or nonnegotiable draft with accompanying documents, securities or other papers to be delivered against honor of the draft; or a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 8. See Virginia Code 8.4-104

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bequest: Property gifted by will.
• Biological nutrient removal technology: means technology that will typically achieve at least an 8 mg/L total nitrogen concentration or at least a 1 mg/L total phosphorus concentration in effluent discharges. See Virginia Code 10.1-2117
• Board: means the Virginia Board of Education. See Virginia Code 22.1-319
• Board: means the State Water Control Board. See Virginia Code 10.1-2123
• Chesapeake Bay Agreement: means the Chesapeake Bay Agreement of 2000 and any amendments thereto. See Virginia Code 10.1-2117
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Department: means the Department of Education. See Virginia Code 22.1-1
• Department: means the Department of Education. See Virginia Code 22.1-319
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-2120
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-2123
• Devise: To gift property by will.
• Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2120
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2123
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Draft: means a draft as defined in § 8. See Virginia Code 8.4-104
• Drawee: means a person ordered in a draft to make payment;

  (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Virginia Code 8.4-104

• Eligible nonsignificant discharger: means any publicly owned treatment works that is not a significant discharger but due to expansion or new construction is subject to a technology-based standard under § 62. See Virginia Code 10.1-2117
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Virginia Water Quality Improvement Fund established by Article 4 (§ 10. See Virginia Code 10.1-2117
• Fund: means the Virginia Water Quality Improvement Fund established by § 10. See Virginia Code 10.1-2127.1
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Institutions of higher education: means any educational institution meeting the requirements of § 60. See Virginia Code 10.1-2117
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any county, city, town, municipal corporation, authority, district, commission or political subdivision of the Commonwealth. See Virginia Code 10.1-2117
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonpoint source pollution: means pollution of state waters washed from the land surface in a diffuse manner and not resulting from a discernible, defined or discrete conveyance. See Virginia Code 10.1-2117
• Nutrient removal technology: means state-of-the-art nutrient removal technology, biological nutrient removal technology, or other nutrient removal technology. See Virginia Code 10.1-2117
• Oversight: Committee review of the activities of a Federal agency or program.
• parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
• Person: means any individual, group of individuals, partnership, association, business trust, corporation, or other business entity. See Virginia Code 22.1-319
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Point source pollution: means pollution of state waters resulting from any discernible, defined or discrete conveyances. See Virginia Code 10.1-2117
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publicly owned treatment works: means a publicly owned sewage collection system consisting of pipelines or conduits, pumping stations and force mains, and all other construction, devices, and appliances appurtenant thereto, or any equipment, plant, treatment works, structure, machinery, apparatus, interest in land, or any combination of these, not including an onsite sewage system, that is used, operated, acquired, or constructed for the storage, collection, treatment, neutralization, stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater, or for the final disposal of residues resulting from the treatment of sewage, including but not limited to: treatment or disposal plants; outfall sewers, interceptor sewers, and collector sewers; pumping and ventilating stations, facilities, and works; and other real or personal property and appurtenances incident to their development, use, or operation. See Virginia Code 10.1-2117
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• schools: means a privately owned and operated preschool, school, or educational organization, no matter how titled, maintained or conducting classes for the purpose of offering instruction for a consideration, profit, or tuition to persons determined to have autism, deaf-blindness, a developmental delay, hearing loss including deafness, intellectual disability, multiple disabilities, an orthopedic impairment, other health impairment, an emotional disturbance, a severe disability, a specific learning disability, a speech or language impairment, a traumatic brain injury, or a visual impairment including blindness. See Virginia Code 22.1-319
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Significant discharger: means (i) a publicly owned treatment works discharging to the Chesapeake Bay watershed with a design capacity of 0. See Virginia Code 10.1-2117
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• State waters: means all waters on the surface or under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdictions. See Virginia Code 10.1-2117
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
• Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-319
• Supervisor: means a member of the board of supervisors of a county. See Virginia Code 15.2-102
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Voter: means a qualified voter as defined in § 24. See Virginia Code 15.2-102
• Water Quality Improvement Grants: means grants available from the Fund for projects of local governments, institutions of higher education, and individuals (i) to achieve nutrient reduction goals in regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan or (ii) to achieve other water quality restoration, protection or enhancement benefits. See Virginia Code 10.1-2117
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.