Bill Text: VA HB73 | 2024 | Regular Session | Prefiled
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-Prefiled.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
and the 30-day period following such a dismissal has passed
or (ii) a voluntary
nonsuit of such action
is taken and the time in which the such action may be recommenced pursuant to subdivision E 3 §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 further petition
or hearing, enter an order requiring the expungement of the
court records.
