Q: Effective Jan 1, 2022, VA state law is amending how an unlawful detainer can be expunged. Can apply to 2020 dismissal?
I was evicted in Dec 2020 but no order of possession was filed and case was dismissed. Can the new law apply to my case?
A:
The Virginia Code Section that applies to your question is set forth below and pretty clear as to its procedures:
§ 8.01-130.01. (Effective January 1, 2022) Unlawful detainer; expungement.
A. If an action for unlawful detainer filed in general district court is dismissed or a nonsuit is taken and the time in which the action may be recommenced pursuant to § 8.01-229 has expired, 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 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.
B. Upon finding that the unlawful detainer action was dismissed or a nonsuit was taken and the time for recommencement of the action has expired and no order of possession was entered, the court shall, without a hearing, enter an order requiring the expungement of the court records.
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