Arlington, VA asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia

Q: If a suit is in general district is later found to be in error, what is the best way to have this matter "erased"?

It appears that expunction is not available for civil cases. Can the court "seal" the file? Are there any other options that an attorney can do?

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: The proper procedure for a civil matter as you describe is to file a Motion to Vacate and Set Aside the Judgment. It will be your burden to demonstrate to the Judge that the judgment was entered in error. If the other party agrees that there was an error, that party should endorse your Motion and the Order that the Judge will enter to vacate the judgment.

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