How Do I Check If My Record Can Be Expunged in Virginia?

Before you invest time and money into filing an expungement petition, you need to confirm that your charge is actually eligible to be expunged under Virginia law. The good news is that determining your eligibility is straightforward once you understand what to look for. This guide walks you through how to check whether your record can be expunged in Virginia.

Where to Start: Get Your Criminal History

The first step is obtaining a copy of your own criminal history record. This document shows every arrest, charge, and disposition recorded in the Virginia State Police database. You can request your record through the following methods:

Online Request

The fastest method is to request your criminal history online through the Virginia State Police website. You will need to provide your personal information and pay a processing fee of approximately $15. Results are typically available within a few business days.

Mail Request

You can also submit a written request by mail to the Virginia State Police Central Criminal Records Exchange. This method takes longer, typically 7 to 10 business days for processing, plus mailing time.

Court Records

In addition to your state criminal history, you should obtain the final disposition from the court where your case was handled. Visit or call the circuit court clerk’s office to request a certified copy of your disposition. This document provides the most detailed and accurate information about how your case was resolved.

How to Read Your Criminal History Report

Your Virginia criminal history report will list each recorded event in your criminal history. For each entry, look for these key pieces of information:

• Charge: The specific offense you were charged with, including the Virginia Code section
• Charge level: Whether it was classified as a felony or misdemeanor
• Court: The jurisdiction and court where the case was handled
• Disposition: How the case was resolved. This is the most important field for determining expungement eligibility
• Disposition date: When the case was resolved

The disposition field is what determines whether your charge can be expunged. Understanding the different types of dispositions is essential to checking your eligibility.

Understanding Your Case Disposition

Virginia courts use specific terminology to describe how cases are resolved. Here are the most common dispositions and what they mean for expungement eligibility:

• Dismissed: The charge was terminated by the court without a finding of guilt. This is generally eligible for expungement
• Nolle prosequi: The prosecution chose not to pursue the charge. This is eligible for expungement. Learn more about nolle prosequi and expungement
• Not guilty / Acquitted: You were found not guilty at trial. This is eligible for expungement
• Guilty: You were found guilty or pleaded guilty. This is generally not eligible for standard expungement
• Deferred / First offender: The court deferred a finding and later dismissed the charge after conditions were met. This is a gray area. See our article on deferred dispositions
• Reduced: The charge was reduced to a lesser offense. The original charge that was dropped may be eligible, while the reduced charge you were convicted of is generally not

Expungement Eligibility Checklist

Use this checklist to quickly assess whether your charge may be eligible for expungement:

1. Was your charge dismissed, nolle prosequi, or did you receive an acquittal? If yes, you likely qualify for expungement under section 19.2-392.2(A)
2. Was the dismissal a straight dismissal (not a deferred disposition)? If yes, your eligibility is strongest. If it was a deferred disposition, it may not qualify
3. Was it a misdemeanor or felony? Both misdemeanor and felony charges can be expunged if they meet the disposition requirements
4. Do you have the correct court disposition confirming the outcome? You will need documentation to support your petition
5. Was the charge in Virginia? Virginia’s expungement statute only applies to charges in Virginia courts. Out-of-state charges must be handled in the state where they originated

Case Outcomes That Qualify for Expungement

The following outcomes generally qualify for expungement in Virginia:

• Charge dismissed by the court
• Charge nolle prosequi by the Commonwealth’s Attorney
• Found not guilty at trial (acquittal)
• Charge dismissed with prejudice
• Charge dismissed without prejudice (with some caveats)
• Charges dropped as part of a plea agreement on other charges

For a complete discussion of eligible charges, see our detailed guide on which criminal charges can be expunged in Virginia.

Case Outcomes That Generally Do Not Qualify

The following outcomes generally do not qualify for standard expungement:

• Guilty plea or guilty verdict at trial
• No contest (nolo contendere) plea resulting in conviction
• Deferred dispositions under Virginia Code section 18.2-251 (first offender program)
• Deferred dispositions under section 18.2-57.3 (domestic assault)
• Charges that are still pending with no final disposition
• Traffic infractions (these are handled differently from criminal charges)

Gray Areas: Deferred Dispositions and First Offender

One of the trickiest areas of Virginia expungement law involves charges that were dismissed after a deferred disposition. The most common example is the first offender program under Virginia Code section 18.2-251, frequently used for drug possession charges.

Under the first offender program, the court defers a finding of guilt, places you on probation with conditions, and dismisses the charge after successful completion. While the end result shows as a dismissal on your record, Virginia courts have generally held that this type of dismissal does not qualify for expungement under the standard statute.

If your charge was handled through a deferred disposition, research the current status of Virginia’s record sealing provisions, which may provide alternative paths to relief. The legislature has been expanding options for these cases.

Next Steps After Confirming Eligibility

If your review confirms that your charge is eligible for expungement, here is what to do next:

1. Gather your documents: Collect your criminal history report, court disposition, and identification
2. Get fingerprinted: Visit a local law enforcement agency for a complete set of fingerprints
3. Prepare your petition: Use SealMyRecordVirginia.com to generate court-ready petition forms for $199, or consult with an attorney
4. File in the correct circuit court: File in the jurisdiction where the charge originated and pay the filing fee
5. Attend your hearing: Appear at your scheduled hearing to present your petition to the judge

For a complete walkthrough of the filing process, see our guides on how to seal your record in Virginia and filing without a lawyer.