In Virginia, you qualify for expungement under Virginia Code Section 19.2-392.2 if you were found not guilty or the Commonwealth Attorney chose not to prosecute the case. Under Virginia Code Section 19.2-392.2, Virginia charges can only be expunged if they resulted in a “non-conviction.” Such charges can be expunged by petition to the Circuit Court where the charge was brought.

A comprehensive list of Virginia criminal charges that can be expunged follows:

Under section 19.2-392.2. of the Virginia code, individuals may seek to have police and court records expunged in the following circumstances:

• When someone has been acquitted by a judge or jury (after pleading “not guilty”).
• When someone charged with contempt of court in a civil action is determined not to not be guilty.
• When the prosecutor chooses not to prosecute a charge and a nolle prosse is entered.
• When a charge is “otherwise dismissed.” This can include a resolution of a criminal charge by “accord and satisfaction.”
• When someone is the victim of identity theft and there are criminal charges in their name that they were not properly charged with.
• When someone convicted of a crime receives an absolute pardon.

Why Expungement Matters

Achieving expungement can be life-changing. It opens doors to employment, education, housing, and other opportunities that might have been closed due to a criminal record. It’s a step towards redemption and rebuilding one’s life with dignity and hope.

Conclusion

Understanding who qualifies for expungement in Virginia is the first step toward clearing one’s name and embracing a brighter future. While the process can be complex, it offers a valuable opportunity for eligible individuals to leave their past legal troubles behind and start anew. If you believe you qualify for expungement, consulting with a legal professional can provide clarity and guidance on how to navigate this process successfully.

Remember, everyone deserves a second chance, and expungement in Virginia can be the key to unlocking that possibility.

*This article has been updated to reflect Virginia legislative changes during the 2025 session. When Virginia's Clean Slate Law was originally passed in 2021 the effective date was scheduled for July 1, 2025. The Virginia legislature extended the effective date to July 1, 2026, during the 2025 legislative session.