According to the National Conference of State Legislatures, about 1 in 3 adults in the U.S. has a criminal record. If you are one of them, you understand how that record can affect your life.
It may still appear in background checks, even if the charges were dropped or you were never convicted. That can make it harder to find a job, secure housing, or move forward.
The good news is that the Virginia expungement laws offer a way to clear your name. If you qualify, you can have certain records removed from public view. That means fewer obstacles and a genuine opportunity to start anew.
Learn how expungement works in Virginia, who is eligible, and what steps you need to take.
What Is Expungement in Virginia?
Expungement is a legal process that removes specific charges from your public record. In Virginia, it applies when you were not convicted. This includes cases that were:
- Dismissed
- Dropped
- Ended in a not guilty verdict
Under Virginia expungement laws, expunged records are hidden from the public. That means most employers, schools, and landlords will not see them.
Expungement is not the same as record sealing. Sealing limits who can view a record, but it does not erase it from public view in the same way.
This matters when someone runs a criminal background check. With an expungement, your past charge is no longer something you have to explain.
Who Is Eligible for Expungement?
Virginia law limits expungement to specific situations. You may qualify if you faced charges but were not convicted. This includes situations like:
- The court found you not guilty
- The judge dismissed the charge
- The prosecution chose not to move forward (nolle prosequi)
- You were a victim of identity theft and were charged by mistake
A recent update to the law, effective July 1, 2021, expanded who can request expungement in non-conviction cases. These updates give more people the chance to move forward with a clean slate.
If a court convicted you, you usually can’t get an expungement unless you receive a full pardon. For guidance, you can reach out to Kearney, Freeman, Fogarty & Joshi, PLLC. Our team is here to explain your options and guide you through every stage of the legal process.
Types of Expungement Processes
Virginia offers two main paths for clearing criminal records. Each one depends on your situation and the type of charge involved.
Petition-Based Expungement
This applies to cases in which the court dismissed the charges, found you not guilty, or you received a pardon. In these cases, you must file a petition with the court and go through the formal expungement process.
Automatic Expungement (Effective October 1, 2025)
Some charges will qualify for automatic expungement. If eligible, your record will be cleared by the Virginia State Police after a seven-year waiting period. You won’t need to file anything or take legal action.
Step-by-Step Petition-Based Expungement Process in Virginia
The expungement process in Virginia involves several steps. Each step brings you closer to having your record cleared and your name protected. Here are the steps you’ll need to follow:
Step 1: Obtain Necessary Documentation
Start by getting a certified copy of the final disposition of your case. You can obtain this from the clerk’s office at the court that handled your case.
Step 2: File a Petition for Expungement
File your petition with the Circuit Court in the area where your case took place. The petition should include:
- Your name
- The charge
- Date of arrest
- Case number
This information helps the court identify your case and review your request under Virginia expungement laws.
Step 3: Serve the Petition
Serve a copy of the petition to the Commonwealth’s Attorney in the same jurisdiction. This lets the state know you are seeking expungement and gives them a chance to respond.
Step 4: Fingerprinting
Go to your local police department and get fingerprinted. Submit the fingerprint card to the court. The judges will use it to run background checks as part of the review process.
Step 5: Court Hearing
You’ll appear before a judge for a formal hearing. Be ready to explain why the court should expunge your record. The judge will examine your case and decide whether to approve or deny your request.
Step 6: After the Hearing
If approved by the court, your record will be sealed and removed from public view. It may take a few weeks for changes to appear in criminal background check systems.
Common Mistakes to Avoid
Even a minor mistake can delay or hinder your expungement. Knowing what to avoid helps keep you on track and increases your chances of success.
Some common mistakes include:
- Not checking if you’re eligible
- Filing in the wrong court
- Missing deadlines or court dates
- Skipping legal advice for complex cases
Avoiding these errors can save time and reduce stress. With careful preparation, the expungement process becomes more manageable and effective.
Do You Need Legal Help?
While some expungement cases are simple, others can be more complex. If you’re unsure about your eligibility or facing objections in court, it’s a good idea to speak with an attorney.
Assistance is available for those who cannot afford legal fees. Many organizations offer free or low-cost support through Virginia legal services. Look for local legal aid groups or pro bono clinics that assist with expungement.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we help clients understand their rights and guide them through the expungement process. If you’re ready to take the next step, our team is here to help.
Ready for a Clean Slate? Let Virginia Expungement Laws Work for You
A criminal charge shouldn’t define your future. Virginia expungement laws give you the chance to leave the past behind and move forward with confidence. If you qualify, take the first step toward a fresh start today.
For over 30 years, Kearney, Freeman, Fogarty & Joshi, PLLC has worked tirelessly to achieve results throughout Northern Virginia. Our skilled attorneys bring deep experience in personal injury, criminal defense, and family law, and we know how to use Virginia expungement laws to your advantage. Led by trusted names like James Kearney, James Freeman, and Katherine Fogarty, we deliver strategies that protect your future.
Reach out today for expungement help.
