Sample Letter To Judge For Expungement In Fairfax
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FAQ
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”).
An expungement only applies to those found innocent or not convicted. An expungement does not apply to those who have been convicted of a crime, unless the conviction is later overturned or an absolute pardon is granted. Absolute pardons are granted only in rare cases by the governor.
In order to seal your Virginia record, there is a ten year waiting period for felonies and seven year waiting period for misdemeanors before they are eligible to be sealed.
Starting October 1, 2025, individuals charged with a misdemeanor in Virginia but ultimately not convicted may have their records automatically sealed. A non-conviction can occur under several circumstances, such as an acquittal, dismissed charges, or if the prosecution chooses to drop the case (nolle prosequi).
In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.
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”).
