Form CC-1474 PDF Details

The CC-1474 form, known as the Expungement Order in the Commonwealth of Virginia, serves a critical role in the process of expunging criminal records under specific legal circumstances, as delineated by Virginia Code § 19.2-392.2. This comprehensive form outlines various scenarios wherein a petitioner can seek the removal of criminal charges from public records, including cases of acquittal, charges dismissed through a nolle prosequi or accord and satisfaction, and instances where the petitioner has been granted an absolute pardon or a writ of actual innocence. The form meticulously captures the petitioner's plea for relief, presenting cases where the existence of an arrest record could lead to a manifest injustice, conditions under which prior records can be expunged based on the nature of the arrest and the lack of a prior criminal record, and specific instances necessitating the invocation of sections pertaining to absolute pardons or writs of actual innocence. Upon a thorough review and hearing, the court decides whether the expungement is warranted, detailing any charges to be erased or denying the petition based on failure to meet the established statutory requirements. This document must then be forwarded to the Department of State Police for further action, in accordance with Virginia's regulatory framework. The CC-1474 form epitomizes the intersection of legal process and individual rights, offering a pathway to rectify situations where maintaining an arrest record could unduly burden an unjustly accused individual.

QuestionAnswer
Form NameForm CC-1474
Form Length2 pages
Fillable?Yes
Fillable fields4
Avg. time to fill out1 min 22 sec
Other namespetitioner va has, virginia expungement order, writ expungement get, how to expungement order

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EXPUNGEMENT ORDER

Case No

Commonwealth of Virginia VA. CODE § 19.2-392.2

 

.....................................................................................................................................................................................

Circuit Court

CITY OR COUNTY

 

..................................................................................................................................................................................................................................................

NAME OF [ ] PETITIONER [ ] SUBJECT OF WRIT OF ACTUAL INNOCENCE

[ ] The petitioner is seeking relief pursuant to subsection A of Va. Code § 19.2-392.2 because the

petitioner was charged with the commission of the following crime(s) or offense(s) ...............................................

........................................................................................................................................................................................................................ , AND

[ ] has been acquitted of the charge(s).

[ ] a nolle prosequi of the charge(s) has been taken or the charge(s) have been otherwise dismissed, including dismissal by accord and satisfaction pursuant to Va. Code § 19.2-151.

After receiving the criminal history record information from the Central Criminal Records Exchange (CCRE) and conducting a hearing on the petition,

[ ] the court FINDS that

[ ] the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner

[ ] the petitioner has no prior criminal record, the arrest was for a misdemeanor and the Commonwealth has not shown good cause why the police and court records relating to the charge should not be expunged

[ ] The petitioner is seeking relief pursuant to subsection I of Va. Code § 19.2-392.2 because the petitioner has been granted an absolute pardon for a crime that he did not commit and the court FINDS that such relief is proper

[ ] The court has received the attached copy of a writ of actual innocence pursuant to § 19.2-327.5 or

§19.2-327.13 vacating a conviction The court ORDERS that:

[ ] The police and court records, including electronic records, relating to the following charge(s) be expunged pursuant to [ ] subsection F (acquittal/dismissal) [ ] subsection I (absolute pardon) [ ] subsection J (writ of actual innocence) of Va. Code § 19.2-392.2

................................................................................................................................................................................................................................

LIST CHARGE(S) INCLUDING CIRCUIT COURT AND GENERAL DISTRICT COURT CASE NUMBERS, IF KNOWN

[ ] The clerk of this court shall send a copy of this ORDER, along with a copy of the PETITION FOR EXPUNGEMENT or writ of actual innocence, to the Department of State Police to be acted upon in accordance with the rules and regulations adopted pursuant to Va. Code § 9.1-134.

[ ] The court FINDS that the statutory requirements for expungement have not been satisfied for the following charges and therefore, the court ORDERS that the petition be denied.

.........................................................................................................................................................................................................................................

LIST CHARGES

.................................................................................

___________________________________________________

DATE

JUDGE

I certify that I forwarded a copy of this ORDER, along with a copy of the PETITION FOR EXPUNGEMENT or a copy of the writ of actual innocence, to the Virginia Department of State Police

on ..........................................................................

DATE

___________________________________________________

CLERK

FORM CC-1474 MASTER 10/13

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