Table of Contents
- Why Filing Without a Lawyer Is a Viable Option
- Before You Start: Confirm Your Eligibility
- What Forms and Documents You Need
- How to Fill Out the Expungement Petition
- Getting Your Fingerprints Taken
- Where to File Your Petition
- Filing Fees and Cost Breakdown
- Serving the Commonwealth’s Attorney
- Preparing for Your Court Hearing
- What Evidence to Bring to the Hearing
- What Happens After the Hearing
- When You Should Consider Hiring a Lawyer
Filing an expungement petition in Virginia does not require a lawyer. Virginia law allows you to represent yourself (known as appearing “pro se”) in the circuit court, and thousands of Virginians have successfully filed and obtained expungement orders on their own.
Why Filing Without a Lawyer Is a Viable Option
Hiring a Virginia attorney to handle an expungement petition typically costs between $500 and $2,500 or more. The good news is that the expungement process in Virginia, while formal, is procedurally straightforward.
Self-Help Option: SealMyRecordVirginia.com generates court-ready expungement petition forms tailored to your specific case for $199.
Before You Start: Confirm Your Eligibility
- Your charge must have been dismissed, nolle prossed, or you must have been acquitted.
- You must not have pleaded guilty to a related lesser charge.
- The case must be fully resolved.
What Forms and Documents You Need
The Expungement Petition
This is the central document in your filing.
Fingerprint Card
Virginia law requires a complete set of your fingerprints to be submitted with the petition.
A Copy of the Case Disposition
Having a certified copy of your case disposition is strongly recommended.
A Proposed Expungement Order
Many jurisdictions expect you to submit a proposed order along with your petition.
How to Fill Out the Expungement Petition
Your expungement petition needs to include your full legal name, date of birth, the specific charge, date of arrest, arresting agency, court, case number, final disposition, and a statement requesting expungement under Virginia Code Section 19.2-392.2.
Common Error: One frequent mistake is listing the wrong court or case number.
Getting Your Fingerprints Taken
Contact your local law enforcement agency. Fingerprinting fees typically range from $10 to $25.
Where to File Your Petition
Your expungement petition must be filed in the circuit court of the city or county where the original charge was brought.
Filing Fees and Cost Breakdown
- Court filing fee: approximately $86.
- Fingerprinting fee: $10 to $25.
- Petition preparation: $0 to $199.
- Copies and postage: $5 to $15.
In total, the DIY approach typically costs between $100 and $165.
Fee Waiver: If you cannot afford the filing fee, Virginia courts allow you to request a fee waiver by filing a petition to proceed in forma pauperis.
Serving the Commonwealth’s Attorney
After filing your petition with the circuit court, you must serve a copy on the Commonwealth’s Attorney. After service, they have 21 days to file a response.
Preparing for Your Court Hearing
If the Commonwealth’s Attorney Does Not Object
The hearing tends to be relatively straightforward.
If the Commonwealth’s Attorney Objects
You will need to demonstrate manifest injustice with concrete evidence.
What Evidence to Bring to the Hearing
- Employment impact evidence
- Housing impact evidence
- Education and licensing impact
- Character references
- Personal statement
- Proof of clean record
What Happens After the Hearing
If the judge grants your petition, they will sign the expungement order. The Virginia State Police then process the order, which typically takes two to three months.
When You Should Consider Hiring a Lawyer
- The Commonwealth’s Attorney has indicated they will object.
- Your case involves multiple charges or complex plea arrangements.
- You have prior convictions.
- You are uncomfortable appearing in court.