VA HB438

Removes the prior requirement that a delinquency petition must be filed if a juvenile was previously "proceeded against informally" for a felony offense, now only requiring a petition if the juvenile was previously adjudicated delinquent for a felony

Creates a new section (§ 16.1-277.3) allowing courts to refer delinquency charges back to court service units for informal proceedings at any point before an adjudication hearing begins, upon motion by the child, counsel, or Commonwealth's Attorney

Requires automatic expungement of court records when a delinquency case is referred back to the court service unit before adjudication, with the court sending destruction orders to all agencies holding such records

Preserves court service unit records created during informal intake or diversion processes from the new expungement requirements