Roanoke, VA asked in Employment Law for Virginia

Q: Can I request that a written disciplinary action be removed from my personnel file after a certain period of time?

I was written up in 2018 at a regional jail I worked at for what I believe was unjustified reasons. I have nothing else on my record. I am currently in the hiring process for other law enforcement agencies and I believe this is hindering my background process. I have heard that they are allowed to be expunged or taken out of my file after a certain period of time. Is this true? And I entitled to have it removed at my request after that time period?

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1 Lawyer Answer
Carrie Dyer
Carrie Dyer
Answered

A: Additional information is needed to answer your question. Are you a member of a union? Your union contract may dictate if and when a disciplinary write-up "falls off" or can be removed from your file. You should review your union contact or a handbook for this information. There is no general legal requirement that an employer remove a write- up from your file after a certain period of time.

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