How to Expunge Your Criminal Record in Virginia

Expungement of criminal records typically involves destroying the file or returning it to the petitioner. This erases the incident from record so that a person would not have to disclose the information on job applications or other situations asking for a criminal history. You must keep in mind, however, that only a limited number of circumstances qualify for expungement, and laws vary from state to state. Once you take all the necessary steps, the court will hold a hearing on your petition and will instruct the Virginia state police to expunge the records.

Instructions

1. Determine if you qualify. The state of Virginia allows expungement in instances whereby a person was found not guilty or received a pardon for being wrongly convicted, charges were dismissed, or in instances of nolle prosequi—when the prosecutor or plaintiff decided not to pursue the case.

2. File a petition and copy of the warrant or indictment with the circuit court where the case concluded. It must contain the date of the arrest and the agency involved in the arrest, the charge, the date the case concluded, your date of birth and your full name at the time of your arrest. The court will send a copy to the commonwealth of the city or county in which you filed. The attorney of the commonwealth will have three weeks to respond to the petition.

3. Provide the arresting agency with a copy of your petition and request that they send it along with a set of your fingerprints to the Central Criminal Records Exchange, who will then send a copy of your criminal record, your fingerprints and your petition for expungement to the court.

References

• Virginia State Police: Expungement Process
• Virginia Legal Code: Expungement