Cal. Civ. Code § 8.01-130.01
Unlawful detainer; expungement.
Operative Text
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 dismissal has passed or (ii) a voluntary nonsuit of such action is taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the court shall, without 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.
Virginia Code § 8.01-130.01 establishes a process for erasing court records related to unlawful detainer (eviction) cases filed in general district court. When such a case is dismissed or voluntarily dropped by the landlord—and no order of possession was issued—the court record can be expunged after a waiting period (30 days following dismissal, or six months following a nonsuit). For newer cases, expungement may happen automatically; for cases filed before July 1, 2024, the tenant must submit a petition using a form created by the Virginia Supreme Court.
Plain English — not legal advice.
Under Va. Code § 8.01-130.01, landlords who file an unlawful detainer action in general district court and then have it dismissed or voluntarily nonsuit the case should be aware that the court record of that filing may be expunged after the applicable waiting period. Compliant operators generally keep accurate records of their own filings and outcomes, since the public court record may no longer be available after expungement. Understanding this provision helps property managers anticipate that dismissed or nonsuited eviction filings will not remain permanently visible in court records, provided no order of possession was entered.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 8.01-130.01 gives tenants the right to have certain unlawful detainer records removed from court files when the case was dismissed or nonsuited and no possession order was entered against them. For cases filed on or after July 1, 2024, the court is generally required to enter an expungement order automatically once the waiting period passes; for older cases, tenants may file a petition on a Supreme Court-approved form in the same general district court where the case was heard. Tenants who believe they qualify for expungement under this provision may wish to consult a tenant-rights organization or legal aid office to understand the petition process and confirm their eligibility.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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