If you are seeking a Virginia
expungement please review the expungement overview below.
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Requirement(s) to qualify for an expungement in the state:
A person charged and then acquitted who had charges nolled, or granted an absolute pardon, may petition for expungement. A first-offender arrested for a misdemeanor may have records expunged. Also, any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification
Additional restrictions on who can qualify for an expungement
An original Petition for Expungement of Record and a certified copy of the charge with the disposition of the charge(s) that is requested to be Expunged.
Does the law provide for sealing? What are the requirements?
Virginia Code relating to the expungement/sealing of police and court records, provides in pertinent part as follows:
A person charged with the commission of a crime may file a petition setting forth
the relevant facts and requesting expungement/sealing of the police records and the court records relating to the charge IF one of the following is true:
1. The person is acquitted, or
2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and
3. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted.
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
The omission, sealing, deletion, or obliteration of records is an expungement. Thereafter, the person may legally deny the existence of the records and may not be denied any permit, license, or employment based upon the expunged records. However, expunged records may be disclosed for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record.
When a record is expunged, the record is not destroyed but removed from public access and sealed.
An eligible person may petition for expungement of police records and court records relating to the charge expunged. Also the division with control of DNA records shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction.
Are you eligible for a Virginia Expungement?
Most crimes can be expunged. For a description of the
crimes that cannot be expunged, click
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Virginia soon.