About Virginia Expungement Laws

A criminal record doesn’t have to define your future…

Virginia will have two types of record clearing laws: expungement and sealing. Expungement is for charges that were acquitted or dismissed. Sealing is for convictions or charges that were deferred and dismissed.

Clean Slate Virginia is a law firm that focuses exclusively on clearing criminal records. Clean Slate Virginia uses new Virginia sealing laws and existing expungement laws to clear criminal records throughout the entire state of Virginia.

Do you have a criminal conviction? Learn about criminal record sealing here.

Which is right for you?

Sealing

Sealing is allowed if “a person has been convicted of or had a charge deferred and dismissed.”

Expungement

Expungement is allowed if you were “acquitted…a nolle prosequi was taken or the charge was otherwise dismissed.”

Due to the number of criminal convictions in Virginia, Sealing of convictions will be available for many more Virginians than expungements!

Could both expungement and sealing be right for you?

Yes. Many Virginians can take advantage of both sealing and expungement. If you had convictions and dismissals (nolle prosse), then both can be cleared with different laws. Contact Clean Slate Virginia to see which laws are right for you.

More about expungements

Virginia Code Section 19.2-392.2 allows criminal charges to be expunged if the defendant was acquitted (not guilty), a nolle prosequi was taken or were “otherwise” dismissed. Criminal charges that resulted in a conviction cannot be expunged under Virginia law.

Expungement in Virginia removes the charge from your criminal record and all court records. After a charge is expunged, your criminal record will not show that you were arrested or charged. The court records are also removed so that the public can no longer see or access your criminal charge.

What is the expungement process?

An expungement in Virginia must be ordered by a Circuit Court judge from the jurisdiction where the defendant incurred the charge.

A petition (legal motion) must be filled in the Circuit Court.

The petitioner must have their fingerprints taken and provided to law enforcement.

The petition must be served on the Commonwealth Attorney.

Finally, the judge must find the existence of the charge results in “manifest injustice.”

If the judge finds “manifest injustice,” then the charge will be ordered to be expunged.

Don’t wait! Act now and be prepared for your future

Studies show that eligible people wait to have criminal convictions sealed until they are seeking employment or residence. It takes time to have your conviction sealed. Act now and be prepared for the future.