{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-130.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-130.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-130.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-130.01.html"}],"law_id":376792,"edition_id":2,"section_id":376792,"structure_id":53565,"section_number":"8.01-130.01","catch_line":"Unlawful detainer; expungement","history":"2020, c. 1013; 2024, c. 372.","full_text":"A\n\nIf, in an action for unlawful detainer filed in general district court, (i) such action is dismissed and the 30-day period following such dismissal has passed or (ii) a voluntary nonsuit of such action is taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the court shall, without further petition or hearing, enter an order requiring the expungement of the court records. The court shall not automatically expunge such records in an unlawful detainer action where a judgement is entered in favor of the defendant; however, such a defendant may file a petition, and the court shall, without a hearing, expunge such records in accordance with the provisions of subsection B.\n\nB\n\nFor unlawful detainer actions commenced prior to July 1, 2024, for which the court still has records, if (i) such action was dismissed and the 30-day period following such dismissal has passed or (ii) a voluntary nonsuit of such action was taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the defendant may file a petition on a form created by the Supreme Court in the general district court in which the underlying unlawful detainer action was filed requesting expungement of the court records relating to the unlawful detainer. The petition shall provide the date that the order of dismissal, entry of judgment in favor of the defendant, or nonsuit was entered, the address of the property that was the subject of the unlawful detainer action, and the name of the plaintiff in the unlawful detainer action.\n\t\t\tUpon finding that the unlawful detainer action was dismissed and the 30-day period following such dismissal has passed or a nonsuit was taken and the six-month period following such nonsuit has passed, and no order of possession was entered, the court shall, without a hearing, enter an order requiring the expungement of the court records.\n\n","order_by":null,"text":{"0":{"id":1406781,"text":"If, in an action for unlawful detainer filed in general district court, (i) such action is dismissed and the 30-day period following such dismissal has passed or (ii) a voluntary nonsuit of such action is taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the court shall, without further petition or hearing, enter an order requiring the expungement of the court records. The court shall not automatically expunge such records in an unlawful detainer action where a judgement is entered in favor of the defendant; however, such a defendant may file a petition, and the court shall, without a hearing, expunge such records in accordance with the provisions of subsection B.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1406782,"text":"For unlawful detainer actions commenced prior to July 1, 2024, for which the court still has records, if (i) such action was dismissed and the 30-day period following such dismissal has passed or (ii) a voluntary nonsuit of such action was taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the defendant may file a petition on a form created by the Supreme Court in the general district court in which the underlying unlawful detainer action was filed requesting expungement of the court records relating to the unlawful detainer. The petition shall provide the date that the order of dismissal, entry of judgment in favor of the defendant, or nonsuit was entered, the address of the property that was the subject of the unlawful detainer action, and the name of the plaintiff in the unlawful detainer action.\n\t\t\tUpon finding that the unlawful detainer action was dismissed and the 30-day period following such dismissal has passed or a nonsuit was taken and the six-month period following such nonsuit has passed, and no order of possession was entered, the court shall, without a hearing, enter an order requiring the expungement of the court records.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53565,"edition_id":2,"name":"Unlawful Entry and Detainer","identifier":"13","label":"article","depth":3,"order_by":14,"parent_id":53562,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 03:18:35","date_modified":"2026-08-02 12:28:12","permalink":{"id":1506775,"object_type":"structure","relational_id":53565,"identifier":"13","token":"8.01\/3\/13","url":"\/8.01\/3\/13\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53562,"edition_id":2,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":5,"parent_id":53558,"metadata":{"child_laws":357,"child_structures":31},"date_created":"2026-08-02 03:18:33","date_modified":"2026-08-02 12:28:10","permalink":{"id":1506637,"object_type":"structure","relational_id":53562,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376785,"structure_id":53565,"section_number":"8.01-124","catch_line":"Motion for judgment in circuit court for unlawful entry or detainer","url":"\/8.01-124\/","token":"8.01\/3\/13\/8.01-124","metadata":false},{"id":376786,"structure_id":53565,"section_number":"8.01-125","catch_line":"When summons returnable to circuit court; jury","url":"\/8.01-125\/","token":"8.01\/3\/13\/8.01-125","metadata":false},{"id":376787,"structure_id":53565,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","url":"\/8.01-126\/","token":"8.01\/3\/13\/8.01-126","metadata":false},{"id":376788,"structure_id":53565,"section_number":"8.01-127","catch_line":"Repealed","url":"\/8.01-127\/","token":"8.01\/3\/13\/8.01-127","metadata":false},{"id":376789,"structure_id":53565,"section_number":"8.01-128","catch_line":"Verdict and judgment; damages","url":"\/8.01-128\/","token":"8.01\/3\/13\/8.01-128","metadata":{"court_decisions":{"0":{"name":"Architectural Stone, LLC v. Wolcott Center, LLC","case_number":"Record 061797.","citation":"649 S.E.2d 670","date":"2007-09-14","url":"https:\/\/www.courtlistener.com\/opinion\/1058615\/architectural-stone-llc-v-wolcott-center-llc\/","abstract":" .\u202f.\u202f. OPINION BY Senior Justice ROSCOE B. STEPHENSON, JR. .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"1":{"name":"Virginia Dynamics Co. v. Payne","case_number":"Record No. 911089","citation":"244 Va. 314","date":"1992-09-18","url":"https:\/\/www.courtlistener.com\/opinion\/6930161\/virginia-dynamics-co-v-payne\/","abstract":" .\u202f.\u202f. JUSTICE WHITING .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"2":{"name":"Seoane v. Drug Emporium, Inc.","case_number":"Record 941179","citation":"457 S.E.2d 93","date":"1995-04-21","url":"https:\/\/www.courtlistener.com\/opinion\/1395486\/seoane-v-drug-emporium-inc\/","abstract":" .\u202f.\u202f. 457 S.E.2d 93 (1995) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":376790,"structure_id":53565,"section_number":"8.01-129","catch_line":"Appeal from judgment of general district court","url":"\/8.01-129\/","token":"8.01\/3\/13\/8.01-129","metadata":false},{"id":376806,"structure_id":53565,"section_number":"8.01-130","catch_line":"Judgment not to bar action of trespass, ejectment, or unlawful detainer","url":"\/8.01-130\/","token":"8.01\/3\/13\/8.01-130","metadata":false},{"id":376792,"structure_id":53565,"section_number":"8.01-130.01","catch_line":"Unlawful detainer; expungement","url":"\/8.01-130.01\/","token":"8.01\/3\/13\/8.01-130.01","metadata":false}],"previous_section":{"id":376806,"structure_id":53565,"section_number":"8.01-130","catch_line":"Judgment not to bar action of trespass, ejectment, or unlawful detainer","url":"\/8.01-130\/","token":"8.01\/3\/13\/8.01-130","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-130.01\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1013<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 372<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1506805,"object_type":"law","relational_id":376792,"identifier":"8.01-130.01","token":"8.01\/3\/13\/8.01-130.01","url":"\/8.01-130.01\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-130.01\/","token":"8.01\/3\/13\/8.01-130.01","dublin_core":{"Title":"Unlawful detainer; expungement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-130.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, in an action for unlawful detainer filed in general district court<\/span>, (i) such action is dismissed and the 30-day period following such dismissal<\/span> has passed or (ii) a voluntary nonsuit<\/span> of such action is taken and the six-month period following such nonsuit<\/span> has passed, provided that no order<\/span> of possession<\/span> has been entered in the case, the court<\/span> shall, without further petition<\/span> or hearing<\/span>, enter an order<\/span> requiring the expungement of the court<\/span> records. The court<\/span> shall not automatically expunge<\/span> such records in an unlawful detainer action<\/span> where a judgement is entered in favor of the defendant<\/span>; however, such a defendant<\/span> may file a petition<\/span>, and the court<\/span> shall, without a hearing<\/span>, expunge<\/span> such records in accordance with the provisions of subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For unlawful detainer actions<\/span> commenced prior to July 1, 2024, for which the court<\/span> still has records, if (i) such action was dismissed and the 30-day period following such dismissal<\/span> has passed or (ii) a voluntary nonsuit<\/span> of such action was taken and the six-month period following such nonsuit<\/span> has passed, provided that no order<\/span> of possession<\/span> has been entered in the case, the defendant<\/span> may file a petition<\/span> on a form created by the Supreme Court<\/span> in the general district court<\/span> in which the underlying unlawful detainer action<\/span> was filed requesting expungement of the court<\/span> records relating to the unlawful detainer. The petition<\/span> shall provide the date that the order<\/span> of dismissal<\/span>, entry of judgment<\/span> in favor of the defendant<\/span>, or nonsuit<\/span> was entered, the address of the property that was the subject of the unlawful detainer action<\/span>, and the name of the plaintiff<\/span> in the unlawful detainer action<\/span>.\n\t\t\tUpon finding<\/span> that the unlawful detainer action<\/span> was dismissed and the 30-day period following such dismissal<\/span> has passed or a nonsuit<\/span> was taken and the six-month period following such nonsuit<\/span> has passed, and no order<\/span> of possession<\/span> was entered, the court<\/span> shall, without a hearing<\/span>, enter an order<\/span> requiring the expungement of the court<\/span> records. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNLAWFUL DETAINER; EXPUNGEMENT (\u00a7 8.01-130.01)\n\nA. If, in an action for unlawful detainer filed in general district court, (i)\nsuch action is dismissed and the 30-day period following such dismissal has\npassed or (ii) a voluntary nonsuit of such action is taken and the six-month\nperiod following such nonsuit has passed, provided that no order of possession\nhas been entered in the case, the court shall, without further petition or\nhearing, enter an order requiring the expungement of the court records. The\ncourt shall not automatically expunge such records in an unlawful detainer\naction where a judgement is entered in favor of the defendant; however, such a\ndefendant may file a petition, and the court shall, without a hearing, expunge\nsuch records in accordance with the provisions of subsection B.\n\nB. For unlawful detainer actions commenced prior to July 1, 2024, for which the\ncourt still has records, if (i) such action was dismissed and the 30-day period\nfollowing such dismissal has passed or (ii) a voluntary nonsuit of such action\nwas taken and the six-month period following such nonsuit has passed, provided\nthat no order of possession has been entered in the case, the defendant may file\na petition on a form created by the Supreme Court in the general district court\nin which the underlying unlawful detainer action was filed requesting\nexpungement of the court records relating to the unlawful detainer. The petition\nshall provide the date that the order of dismissal, entry of judgment in favor\nof the defendant, or nonsuit was entered, the address of the property that was\nthe subject of the unlawful detainer action, and the name of the plaintiff in\nthe unlawful detainer action.\n\t\t\tUpon finding that the unlawful detainer action was dismissed and the 30-day\nperiod following such dismissal has passed or a nonsuit was taken and the\nsix-month period following such nonsuit has passed, and no order of possession\nwas entered, the court shall, without a hearing, enter an order requiring the\nexpungement of the court records.\n\nHISTORY: 2020, c. 1013; 2024, c. 372.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}