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Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if your situation meets the requirements for an expungement. You may always file the case without an attorney (?pro se?).
Each lawyer has their own fee structure- call around and asks for costs. Expect to pay anywhere from $650-1,100 for a misdemeanor. Some attorneys offer ?flat fees? for expungement, this could save you money by limiting the amount the attorney can charge you for their time.
The filing fee is $98 (includes service fee). Fees must be paid by cash, certified check, money order or personal check (no starter checks will be accepted). Checks and money orders may be made payable to "Clerk of Circuit Court." Credit cards will not be accepted for the filing fee of the petitions for an expungement.
File your completed petition for expungement with the clerk of the circuit court in the county where you were charged. Virginia law requires that you deliver the petition to the Commonwealth Attorney. Most county sheriffs do this for you. Pay the fee.
Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.
Under current Virginia law, the court will only seal your criminal records if: (1) you were acquitted; (2) the government decided not to prosecute you; (3) the charges against you were dismissed without evidence sufficient for a finding of guilty; or (4) the crime was committed by someone using your identity.
The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter.
Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if your situation meets the requirements for an expungement. You may always file the case without an attorney (?pro se?).