Can I get a charge expunged if it was vacated on appeal?

Yes. Under Virginia Code Section 19.2-327.5, the Supreme Court of Virginia may on appeal vacate a conviction “upon a finding that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt.”

Similarly, under Virginia Code Section 19.2-327.13, the Court of Appeals of Virginia may on appeal vacate a conviction “upon a finding that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt.” In both cases, the burden of proof is on the accused.

When either Court grants such a writ, it sends a copy of its decision to the circuit court “where an order of expungement shall be immediately granted.”