9.1-910 - Removal of name and information from Registry. - Virginia Statutes

§ 9.1-910. Removal of name and information from Registry.

A. Any person required to register, other than a person who has beenconvicted of any (i) sexually violent offense, (ii) two or more offenses forwhich registration is required, (iii) a violation of former § 18.2-67.2:1, or(iv) murder, may petition the circuit court in which he was convicted or thecircuit court in the jurisdiction where he then resides for removal of hisname and all identifying information from the Registry. A petition may not befiled earlier than 15 years, or 25 years for violations of § 18.2-64.1,subsection C of § 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3,after the date of initial registration nor earlier than 15 years, or 25 yearsfor violations of § 18.2-64.1, subsection C of § 18.2-374.1:1, or subsectionC, D, or E of § 18.2-374.3, from the date of his last conviction for (a) aviolation of § 18.2-472.1 or (b) any felony. A petition may not be fileduntil all court ordered treatment, counseling, and restitution has beencompleted. The court shall obtain a copy of the petitioner's completecriminal history and registration and reregistration history from theRegistry and then hold a hearing on the petition at which the applicant andany interested persons may present witnesses and other evidence. TheCommonwealth shall be made a party to any action under this section. If,after such hearing, the court is satisfied that such person no longer poses arisk to public safety, the court shall grant the petition. In the event thepetition is not granted, the person shall wait at least 24 months from thedate of the denial to file a new petition for removal from the Registry.

B. The State Police shall remove from the Registry the name of any person andall identifying information upon receipt of an order granting a petitionpursuant to subsection A.

(2003, c. 584; 2005, c. 631; 2006, cc. 857, 914; 2007, c. 718; 2008, c. 877.)