Bill Text: VA HB73 | 2024 | Regular Session | Chaptered
Bill Title: Unlawful detainer; expungement of action, entering of an order without further petition or hearing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-04 - Governor: Acts of Assembly Chapter text (CHAP0372) [HB73 Detail]
Download: Virginia-2024-HB73-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-130.01 of the Code of Virginia is amended and reenacted as follows:
§8.01-130.01. Unlawful detainer; expungement.
A. If, in an action for unlawful detainer filed in
general district court, (i) such action is dismissed or a and
the 30-day period following such dismissal has passed or (ii) a voluntary
nonsuit of such action is taken and the time in which the action may
be recommenced pursuant to §8.01-229 has expired 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 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 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.
B. 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.
Upon 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.