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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>376792</law_id><section_number>8.01-130.01</section_number><catch_line>Unlawful detainer; expungement</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="12" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="5" identifier="3">Actions</unit><unit label="article" level="3" order_by="14" identifier="13">Unlawful Entry and Detainer</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> If, in an action for unlawful detainer filed in general district <span class="dictionary">court</span>, (i) such action is dismissed and the 30-day period following such <span class="dictionary">dismissal</span> has passed or (ii) a voluntary <span class="dictionary">nonsuit</span> of such action is taken and the six-month period following such <span class="dictionary">nonsuit</span> has passed, provided that no <span class="dictionary">order</span> of <span class="dictionary">possession</span> has been entered in the case, the <span class="dictionary">court</span> shall, without further <span class="dictionary">petition</span> or <span class="dictionary">hearing</span>, enter an <span class="dictionary">order</span> requiring the expungement of the <span class="dictionary">court</span> records. The <span class="dictionary">court</span> shall not automatically <span class="dictionary">expunge</span> such records in an <span class="dictionary">unlawful detainer action</span> where a judgement is entered in favor of the <span class="dictionary">defendant</span>; however, such a <span class="dictionary">defendant</span> may file a <span class="dictionary">petition</span>, and the <span class="dictionary">court</span> shall, without a <span class="dictionary">hearing</span>, <span class="dictionary">expunge</span> such records in accordance with the provisions of subsection B. <a id="paragraph-1406781" class="section-permalink" href="https://vacode.org/8.01-130.01/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> For <span class="dictionary">unlawful detainer actions</span> commenced prior to July 1, 2024, for which the <span class="dictionary">court</span> still has records, if (i) such action was dismissed and the 30-day period following such <span class="dictionary">dismissal</span> has passed or (ii) a voluntary <span class="dictionary">nonsuit</span> of such action was taken and the six-month period following such <span class="dictionary">nonsuit</span> has passed, provided that no <span class="dictionary">order</span> of <span class="dictionary">possession</span> has been entered in the case, the <span class="dictionary">defendant</span> may file a <span class="dictionary">petition</span> on a form created by the Supreme <span class="dictionary">Court</span> in the general district <span class="dictionary">court</span> in which the underlying <span class="dictionary">unlawful detainer action</span> was filed requesting expungement of the <span class="dictionary">court</span> records relating to the unlawful detainer. The <span class="dictionary">petition</span> shall provide the date that the <span class="dictionary">order</span> of <span class="dictionary">dismissal</span>, entry of <span class="dictionary">judgment</span> in favor of the <span class="dictionary">defendant</span>, or <span class="dictionary">nonsuit</span> was entered, the address of the property that was the subject of the <span class="dictionary">unlawful detainer action</span>, and the name of the <span class="dictionary">plaintiff</span> in the <span class="dictionary">unlawful detainer action</span>.
			Upon <span class="dictionary">finding</span> that the <span class="dictionary">unlawful detainer action</span> was dismissed and the 30-day period following such <span class="dictionary">dismissal</span> has passed or a <span class="dictionary">nonsuit</span> was taken and the six-month period following such <span class="dictionary">nonsuit</span> has passed, and no <span class="dictionary">order</span> of <span class="dictionary">possession</span> was entered, the <span class="dictionary">court</span> shall, without a <span class="dictionary">hearing</span>, enter an <span class="dictionary">order</span> requiring the expungement of the <span class="dictionary">court</span> records. <a id="paragraph-1406782" class="section-permalink" href="https://vacode.org/8.01-130.01/#B"><i class="fa fa-link"/></a></p></section></text><history>2020, c. 1013; 2024, c. 372.</history><metadata></metadata></law>
