Clearing a Criminal Record in Virginia
Experienced Virginia Attorneys Assist with Expungements and Pardons
Expungements: In the Commonwealth of Virginia, you may be eligible to have your arrest record, court record or criminal conviction record expunged if you meet certain requirements:
Virginia Expungement Law
§ 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime and
1. Is acquitted, or
2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, or
3. Is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.
B. If 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, he may file a petition with the court disposing of the charge for relief pursuant to this section.
C. The petition with a copy of the warrant or indictment if reasonably available shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed and shall contain, except where not reasonably available, the date of arrest and the name of the arresting agency. Where this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the specific criminal charge to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner’s date of birth, and the full name used by the petitioner at the time of arrest.
D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition within twenty-one days after it is served on him.
E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner’s fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner’s criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner.
F. After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.
G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.
H. Notwithstanding any other provision of this section, when the charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge. Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection I hereof.
I. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.
J. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth.
(1977, c. 675; 1983, c. 394; 1984, c. 642; 1990, c. 603; 1992, c. 697; 2001, cc. 40, 345)
expungementsandpardons.com is a law service assisting clients in Pennsylvania, New Jersey, Virginia and other states. We assist individuals with eliminating the bias associated with a conviction or an arrest. Please note even a prior arrest with no conviction can harm you in your quest for a job, credit, a professional license or admission to the military or graduate programs.
Even if you do not qualify for a full expungement of your criminal record or record of arrest, you may still qualify for a partial expungement. No matter the circumstances, we are dedicated to helping you obtain a fresh start. We strongly believe that you shouldn’t be forced to continually pay for a crime or arrest.
An expungement of your criminal record is a civil action that can help clear your name and provide the fresh start you and your family deserve.
Pardons. In the event you are ineligible to have your criminal record expunged in Virginia, you may still be eligible to receive a pardon. In Virginia, you must first apply for a Restoration of Rights before you can apply for a pardon. A Restoration of Rights will restore those privileges taken away from you, such as the right to vote or hold public office.
Virginia also has several different types of pardons, including a “simple pardon,” which states that the Commonwealth has forgiven you for your crime. Please note a simple pardon does not expunge your conviction, but it does carry some weight and does open some doors that were previously closed.
Another type of pardon is an “absolute pardon,” which is also known as a “writ of actual innocence.” As the name implies, this pardon is granted if you pled “not guilty” to a crime and actual evidence exists which demonstrates conclusively that you did not commit the crime in question. An absolute pardon will expunge your entire criminal record regarding that crime.