Experienced Virginia Beach Expungement and Record Sealing Lawyer
Last updated: June 4, 2026
Virginia Beach is one of the most distinctive jurisdictions in the Commonwealth. Home to one of the largest concentrations of active-duty military, veterans, and defense contractors in the country, it is a community where a criminal record can carry particularly high stakes. Security clearances, military careers, federal employment, and contractor positions all involve background checks that can be complicated by a past arrest or charge, even when charges were dismissed or never resulted in a conviction.
Clean Slate Virginia focuses exclusively on expungements, record sealing, and firearm rights restoration. We serve clients throughout Virginia Beach and the broader Hampton Roads region, and we are actively preparing for the expanded remedies that take effect under Virginia’s new record-sealing law on July 1, 2026.
Virginia Beach Circuit Court: What to Know Before You Arrive
The Virginia Beach Circuit Court is part of the Virginia Beach Judicial Complex, located at 2425 Nimmo Parkway within the city’s Municipal Center campus. The courthouse is a four-story red brick and concrete structure built in the early 1990s. The Circuit Court and Clerk’s Office are housed in Building 10, on the third floor. The Clerk’s Office is open Monday through Friday, 8:30 a.m. to 4:00 p.m.
A few things worth knowing before your visit:
- The Circuit Court Clerk’s Office does not accept filings, correspondence, or legal notices by email or fax. All documents must be submitted in person or by mail.
- A drop box is available on the court side of the office for filings received by 4:00 p.m.
- The Clerk’s Office staff cannot give legal advice and is not responsible for ensuring documents comply with filing requirements. If any part of your petition is incorrect or incomplete, the filing will be rejected.
How Expungement Hearings Work in Virginia Beach
Virginia Beach has two separate dockets for civil motions, and knowing which one applies to your expungement matter is important for scheduling correctly.
The court operates a Friday Motion Docket and a Duty Judge Docket:
- The Friday Motion Docket begins at 9:30 a.m. Expungement petitions involving the Commonwealth are heard at 9:00 a.m. on Fridays.
- Hearings on the Duty Judge Docket are scheduled electronically through the court’s online calendar. Once an available time slot is confirmed with all parties, a Duty Judge Hearing Request Form is submitted by email to the court.
- For any contested matter or hearing expected to exceed one hour, the Duty Judge Docket is required rather than the Friday Motion Docket.
In practice, whether a hearing is required at all depends on how the Commonwealth’s Attorney responds to the petition. If the Commonwealth does not object and endorses the proposed Expungement Order, the court may enter the order without scheduling a hearing. If the Commonwealth objects, or if the court declines to enter an uncontested order, a hearing must be set, and the petitioner will need to be prepared to argue the case before a judge.
What Qualifies for Expungement in Virginia Beach
Virginia Beach follows state law on expungement eligibility. Under Virginia Code 19.2-392.2, a charge may be eligible for expungement when it resulted in an acquittal, a nolle prosequi, a dismissal (excluding deferred disposition dismissals under certain first-offender statutes, unless the Commonwealth attorney agrees to expungement), an absolute pardon, or a case involving mistaken identity or unauthorized use of your identifying information.
The legal standard varies depending on the nature of the charge:
- For misdemeanor charges that were nolle prossed or dismissed, a petitioner with no prior criminal record is generally entitled to expungement, unless the Commonwealth can show good cause for denial.
- For felony charges, the burden shifts to the petitioner to demonstrate that continued public access to the arrest record causes or may cause a manifest injustice, such as documented harm to employment, housing, or professional licensing.
- Standard deferred disposition dismissals, including those under Virginia Code 18.2-251, are not eligible for expungement under current law because they involve a finding of sufficient evidence for guilt.
Given how many Virginia Beach residents work in fields requiring security clearances or federal background investigations, the manifest injustice shown in felony cases often has strong factual support. A well-documented petition that connects the arrest record to concrete, demonstrable harm to a military career, contracting position, or professional license stands on firmer ground than a petition relying on generalities.
Expungement vs. Record Sealing in Virginia Beach
These two remedies serve different situations, and understanding which applies to your record is the essential first step.
Expungement under current Virginia law is available only for non-convictions. If your charge was dismissed, nolle prossed, or resulted in a not-guilty verdict, you may be able to have both the court records and the associated police records removed from public access. Once a record is expunged, Virginia Code 19.2-392.4 prohibits employers, including state agencies, from asking about it, and you may lawfully deny that the arrest occurred.
Record sealing, beginning July 1, 2026, extends relief to certain convictions for the first time in Virginia history. Eligible offenses include many misdemeanor convictions and certain Class 5 and Class 6 felonies, subject to mandatory waiting periods and other eligibility criteria. Sealed records are not destroyed but are removed from public view and will not appear on most employer or landlord background checks.
For Virginia Beach residents with security clearances or federal employment, the distinction between expungement and sealing matters beyond the legal definitions. How a cleared or sealed record interacts with federal background investigation standards is a separate question from Virginia state law, and one worth discussing with counsel who understands both sides of that equation.
Why Local Experience Matters in Virginia Beach
Virginia Beach is a high-volume jurisdiction with an engaged Commonwealth’s Attorney’s Office and a courthouse that operates on its own docketing procedures. Knowing how to navigate the Friday motion schedule, how to submit a Duty Judge request correctly, and what the local practice looks like for contested vs. uncontested expungements directly affects how efficiently your case moves through the system.
Beyond procedure, Virginia Beach’s unique population creates fact patterns that require thoughtful handling:
- Active duty service members and veterans dealing with records that predate or overlap with their military service
- Defense contractors and federal employees whose clearance status may be directly affected by a pending petition
- Individuals with arrests stemming from incidents that occurred during deployments or transitions, often involving charges that were ultimately dismissed
Experienced counsel can help you navigate this process, ensure your documentation is complete, and avoid the filing mistakes that delay or derail petitions.
Preparing Now for Virginia’s New Record Sealing Law (Effective July 1, 2026)
Clean Slate Virginia is already working with clients in Virginia Beach and across Hampton Roads to evaluate eligibility and build case files ahead of the July 1, 2026 effective date. Preparation now means you can move quickly once the law takes effect, rather than waiting months to get started after petitions become available.
Reach out now if any of the following apply to you:
- You have a prior conviction you believe may qualify for sealing under the new law
- You have an old dismissed charge or acquittal that still appears on background checks
- You have questions about how a sealed or expunged record interacts with security clearance requirements
- You have multiple charges from one incident or across different cases and are unsure where to start
- You have outstanding restitution obligations, or you have recently completed a probation term that may affect your eligibility
Speak With a Virginia Beach Expungement and Record Sealing Lawyer
If you are ready to take action on clearing your record in Virginia Beach, working with a lawyer who understands both Virginia law and the specific practices of the Virginia Beach Circuit Court gives you the best foundation for a successful petition.
Clean Slate Virginia concentrates exclusively on:
- Expungements
- Record sealing under Virginia’s 2026 law
- Firearm rights restoration
Contact Clean Slate Virginia today to schedule a consultation and take the first step toward clearing your record in Virginia Beach.