Virginia Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

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.

Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.

The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an ...

If the prosecutor's request for a nolle prosequi is granted, you may have a right to have the criminal charges against you expunged from your criminal and police records. However, an expungement would not occur automatically. You would have to file a petition with the court and ask the judge to grant your request.

If the court grants the expungement, this charge will not appear when someone runs a background check on you. Conversely, if the charge is dismissed and you don't get an expungement, the charge will appear on your record but it will show that the charge was dismissed.

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.

The law, which takes effect in 2025, makes expungement automatic in some cases and expands expungement eligibility to some criminal convictions.

Clean Slate Virginia uses new Virginia sealing laws and existing expungement laws to clear criminal records throughout the entire state of Virginia. When criminal convictions are sealed, they cannot be seen by the public or employers.

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Virginia Petition for Expungement of Record in Case of Acquittal and Release without Conviction