A. Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted or adjudicated delinquent of a qualifying offense, the circuit court of the county or city in which the conviction or adjudication of delinquency was entered shall have the authority to issue writs of vacatur under this chapter.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Virginia Code 19.2-327.16

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
  • Qualifying offense: means a conviction or adjudication of delinquency for any violation of § 18. See Virginia Code 19.2-327.15
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249

B. The Rules of Supreme Court of Virginia governing practice and procedures in civil actions shall be applicable to proceedings under this chapter.

C. The circuit court shall have the authority to conduct hearings on petitions for vacatur.

D. Any party aggrieved by the decision of the circuit court may appeal the decision to the Supreme Court of Virginia.

2021, Sp. Sess. I, c. 543.