Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record

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Multi-State
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US-02246BG
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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

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.

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.

The process can be difficult and because it requires filing a petition in circuit court, many applicants find it helpful to work with a Virginia expungement lawyer who can advise them as to whether they may qualify for an expungement and who will advocate appropriately on their behalf to help achieve the desired ...

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.

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 ...

The filing fee is $98.00; once your case is entered you will receive a case number. Any future documents should have this number on them. Once your case is filed; service will be issued to the Commonwealth of Virginia. You will be given a copy of your documents to take to the State Police for fingerprints.

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 Affidavit in Support of Motion to Order Expungement of Criminal Record