Virginia Record Sealing & Expungement Blog

How to qualify for Virginia Expungement?

Last updated: March 4, 2024

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.


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.


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