Expungement — Overview
Clearing Your Record in Virginia
A criminal record, even for an arrest that did not result in a conviction, can affect employment, housing, professional licensing, and other aspects of life long after the legal matter is resolved. Virginia law provides pathways to expunge or seal certain records, giving eligible individuals an opportunity to move forward.
If you have a record you believe may be eligible for expungement or sealing, speaking with an attorney is a useful first step to understanding your options.
What Is Expungement?
Expungement in Virginia refers to the process of sealing criminal records from public view. An expunged record is not destroyed; it remains accessible to certain government agencies, but it is removed from public records checks commonly used by employers, landlords, and licensing boards.
Virginia has significantly expanded expungement eligibility in recent years, including through the Virginia Clean Slate Act, which provides for automatic sealing of certain records.
Types of Records That May Be Eligible
Virginia law provides for expungement or sealing of certain records, including:
Arrests and charges that did not result in conviction:
- Charges that were acquitted (found not guilty at trial)
- Charges that were nolle prossed (prosecution declined to proceed)
- Charges that were dismissed
- Cases where the grand jury returned no true bill
Convictions eligible under the Virginia Clean Slate Act:
- Certain misdemeanor convictions after a qualifying waiting period with no subsequent offenses
- Certain lower-level felony convictions that meet eligibility criteria under Virginia law
Other situations:
- Records resulting from identity theft (where another person used your identity)
- Certain deferred dispositions that were successfully completed
Records That Are Not Eligible
Not all criminal records can be expunged under Virginia law. Records that are generally not eligible for expungement include:
- Most felony convictions that do not qualify under the Clean Slate Act
- Convictions for violent offenses
- Convictions for sexual offenses
- Convictions where the individual is still serving a sentence or probation
- Certain traffic offenses
The Expungement Process in Virginia
The process for seeking expungement in Virginia involves several steps:
- Eligibility review: Determining whether the specific charges and disposition qualify under Virginia law
- Obtaining records: Gathering certified copies of court records and any relevant documentation
- Filing the petition: Filing a petition for expungement in the appropriate Circuit Court
- State Police notification: The Virginia State Police is notified and has the opportunity to object
- Hearing: The court may schedule a hearing; for certain automatic Clean Slate records, a hearing may not be required
- Court order: If granted, the court enters an order directing the sealing of the record
- Record update: Relevant agencies update their records pursuant to the court order
The process and timeline can vary depending on the nature of the record and the specific court.
Why Legal Assistance Matters
Expungement petitions involve legal filings, coordination with state agencies, and an understanding of which charges and dispositions qualify under Virginia’s statutes. Errors in the petition or a misunderstanding of eligibility can result in delays or denial.
We can review your record, assess your eligibility, and guide you through the petition process if your circumstances qualify.
Important Notes
Expungement does not restore all rights. Certain consequences of a conviction, such as loss of firearm rights or professional license revocations, may require separate legal proceedings and are not automatically resolved by expungement.
Virginia law continues to evolve. Expungement eligibility in Virginia has expanded significantly in recent years and may continue to change. We can provide guidance based on current law at the time of your consultation.
We do not guarantee outcomes. Whether an expungement petition is granted depends on the specific facts of your case, the applicable law, and the court’s determination. We do not promise that any petition will be successful.
The information on this page is for general informational purposes and does not constitute legal advice. Virginia expungement law is complex and fact-specific. Contact our office to discuss your specific circumstances.