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Home » US Law » 2022 Code of Virginia » Title 19.2 - Criminal Procedure » Chapter 19.4 - Issuance of Writ of Vacatur for Victims of Commercial Sex Trafficking

§ 19.2-327.15. Definitions

As used in this chapter, unless the context requires a different meaning: “Qualifying offense” means a conviction or adjudication of delinquency for any violation of § 18.2-346 or 18.2-347. “Victim of sex trafficking” means any person convicted or adjudicated delinquent of a qualifying offense in the Commonwealth who committed such offense as a direct result […]

§ 19.2-327.17. Contents and form of the petition for vacatur

A. Any victim of sex trafficking may file a petition for vacatur setting forth the relevant facts and requesting that the judgment of a conviction or adjudication of delinquency be vacated. Such petition shall allege categorically and with specificity, under oath, all of the following: 1. The petitioner was convicted or adjudicated delinquent of a […]

§ 19.2-327.18. Hearing on petition for vacatur

A. If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court that he does not object to the petition and (ii) stipulates in such written notice that the petitioner was convicted or adjudicated delinquent of a qualifying offense and that the […]

§ 19.2-327.19. Relief under writ of vacatur

A. Upon granting a writ of vacatur pursuant to subsection C of § 19.2-327.18, the circuit court shall provide the petitioner with a copy of the writ, and such copy shall be sufficient proof that the person named in the writ is no longer under any disability, disqualification, or other adverse consequence resulting from the […]

§ 19.2-327.20. Claims of relief

Except for appeals to the Supreme Court of Virginia as authorized by subsection D of § 19.2-327.16, an action under this chapter or the performance of any attorney representing the petitioner under this chapter shall not form the basis for relief in any habeas corpus or appellate proceeding. Nothing in this chapter shall create any […]