Petition for Expungement of Unlawful Detainer (Form # DC-425) – Virginia Court
The Petition for Expungement of Unlawful Detainer (Form DC-425) is a legal document used in the Commonwealth of Virginia to request the removal of court records related to a summons for unlawful detainer. This form is applicable when no order of possession has been entered against the petitioner. The scenarios under which this petition can be filed include:
- The summons was dismissed, and at least 30 days have passed since the dismissal.
- The summons was voluntarily nonsuited, and at least 6 months have passed since the nonsuit.
- The petitioner was a defendant in the proceeding, and a judgment was entered in their favor.
The form requires specific information such as the underlying case number, the court (General District Court or Circuit Court), the name of the petitioner, the address of the property involved, and the dates relevant to the dismissal or nonsuit. The petitioner must also provide a mailing address for any orders entered in response to the petition.
The petitioner must affirm the correctness of the information provided and sign the form. The completed form is then submitted to the appropriate court for processing. This form helps individuals clear their records of certain legal proceedings, thereby mitigating any potential negative impact on their housing or rental history.
This form is used to request the expungement of court records related to an unlawful detainer summons in the Commonwealth of Virginia. Follow these steps to complete the form accurately:
Identify the Court and Case Number
-
- Underlying Case No.: Enter the case number of the original unlawful detainer summons.
- General District Court or Circuit Court: Check the appropriate box to indicate the type of court where the original case was filed.
- City or County: Specify the city or county where the case was heard.
Provide Petitioner Information
-
- Name of Petitioner: Enter your full name as the petitioner requesting expungement.
Specify the Summons Details
-
- Indicate the relevant scenario for expungement by checking the appropriate box:
- Dismissed Summons: If the summons was dismissed, provide the date of dismissal and ensure at least 30 days have passed since that date.
- Voluntarily Nonsuited Summons: If the summons was voluntarily nonsuited, provide the date of nonsuit and ensure at least 6 months have passed since that date.
- Judgment in Favor: If you were a defendant and a judgment was entered in your favor, check this box.
- Indicate the relevant scenario for expungement by checking the appropriate box:
Provide Case Parties with Information
-
- Plaintiff(s): Enter the name(s) of the plaintiff(s) in the original unlawful detainer case.
- Defendant(s): Enter the name(s) of the defendant(s) in the original case, including yourself if you were a defendant.
Provide Property Address
-
- Address of Property: Enter the address of the property for which the unlawful detainer summons was filed.
Mailing Address for Orders
-
- Mailing Address: Provide the address where you would like any orders related to this petition to be sent.
Affirmation and Signature
-
- Date: Enter the date you are completing and signing the form.
- Signature: Sign the form to affirm that the information provided is correct to the best of your knowledge.
- Role: Check the appropriate box to indicate whether you are the petitioner or the attorney for the petitioner.
Review and Submit
-
- Review the completed form to ensure all information is accurate.
- Submit the form to the court where the original unlawful detainer case was heard.
By following these steps, you can accurately complete the Petition for Expungement of Unlawful Detainer (Form DC-425) and proceed with your request to expunge the relevant court records.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.