How Can I Seal My Record in Virginia?

If you have a criminal record in Virginia and want to move forward with your life, you are probably asking yourself: how can I seal my record? Virginia law provides a legal process called expungement that allows eligible individuals to have certain charges removed from their criminal record. While the process involves several steps, it is something many people successfully navigate on their own. This guide walks you through everything you need to know.

Overview: Sealing Your Record in Virginia

In Virginia, the process of sealing a criminal record is formally known as expungement. When a court grants an expungement, it orders law enforcement agencies and courts to seal the records associated with a specific arrest or charge. After expungement, the charge will no longer appear on most background checks, and you can legally state that you were never arrested for or charged with that offense.

The legal authority for expungement in Virginia comes from Virginia Code section 19.2-392.2, which defines who is eligible and outlines the petition process. Understanding this statute is the foundation for successfully sealing your record.

Who Is Eligible to Seal Their Record?

Not every criminal record in Virginia can be sealed. Eligibility depends primarily on how your case was resolved. The strongest candidates for expungement are cases where:

• Charges were dismissed: If the court dismissed your charge for any reason, you generally have the right to petition for expungement. See our detailed guide on sealing dismissed charges in Virginia
• You were acquitted: If you went to trial and were found not guilty, you are eligible to have that charge expunged
• The prosecution dropped the charge (nolle prosequi): When the Commonwealth’s Attorney decides not to prosecute, the resulting nolle prosequi qualifies for expungement
• The charge was not prosecuted (otherwise dismissed): Various other forms of dismissal also qualify under the statute

For a comprehensive look at which offenses qualify, read our article on which criminal charges can be expunged in Virginia.

If your case resulted in a conviction, the path to sealing your record is significantly more difficult. Virginia’s traditional expungement statute primarily covers non-conviction outcomes. However, there are some exceptions for certain marijuana offenses and cases involving actual innocence.

Step-by-Step Process to Seal Your Record

The process of sealing your record in Virginia involves these key steps. For a more detailed walkthrough, see our complete guide to sealing your record in Virginia.

Step 1: Obtain Your Criminal History Report

Before filing anything, you need to know exactly what is on your record. Request a copy of your criminal history from the Virginia State Police. This report will show all arrests, charges, and dispositions recorded in the state database. Review it carefully to identify which charges may be eligible for expungement.

Step 2: Get Your Court Disposition

Contact the clerk of the court where your case was handled to obtain a certified copy of the final disposition. This document confirms how your case was resolved, whether it was dismissed, nolle prosequi, acquitted, or resulted in a conviction. You can locate the correct court through the Virginia Circuit Court directory.

Step 3: Get Fingerprinted

Virginia law requires a complete set of fingerprints to accompany your expungement petition. Visit your local police department, sheriff’s office, or a private fingerprinting service. This typically costs between $15 and $50.

Step 4: Prepare Your Petition

The expungement petition must include specific information about the charge, the court where it was filed, and the disposition. You can prepare this yourself, hire an attorney, or use a service like SealMyRecordVirginia.com to generate court-ready forms for $199. Our article on filing without a lawyer explains this process in detail.

Step 5: File the Petition

File your completed petition with the circuit court clerk in the jurisdiction where the charge originated. You will need to pay a filing fee of approximately $86. The petition must also be served on the Commonwealth’s Attorney for that jurisdiction.

Step 6: Attend Your Hearing

The court will schedule a hearing where a judge reviews your petition. For charges that were clearly dismissed or acquitted, the hearing is typically brief. If the manifest injustice standard applies, you may need to present more evidence.

Where to File Your Petition

You must file your expungement petition in the circuit court of the city or county where the charge was originally brought. This is true even if your case was heard in general district court. All expungement petitions in Virginia are filed in circuit court.

If you are unsure which court has jurisdiction, check your court disposition or criminal history report for the location of the original charge. The Virginia Judiciary website provides a directory of all circuit courts in the state with contact information and addresses.

Documents and Materials You Will Need

To file a complete expungement petition in Virginia, gather the following:

• Completed petition form: The formal request to the court for expungement
• Fingerprint card: A complete set of your fingerprints taken by a law enforcement agency or authorized provider
• Court disposition: Certified copy showing how your case was resolved
• Criminal history report: From the Virginia State Police showing your record
• Filing fee: Approximately $86, payable to the circuit court clerk. Fee waivers are available for those who qualify based on financial hardship
• Photo identification: A valid government-issued ID for filing purposes

How Much Does It Cost?

The total cost to seal your record depends on the approach you choose:

• DIY with SealMyRecordVirginia.com: $199 for form preparation plus approximately $86 in court filing fees and $15 to $50 for fingerprinting. Total: roughly $300 to $335
• Hiring an attorney: $1,000 to $2,500 or more in legal fees, plus court costs and fingerprinting. Total: $1,100 to $2,600+
• Completely on your own: Court filing fee plus fingerprinting only. Total: roughly $100 to $140, but you assume the risk of errors that could delay or derail your petition

For a detailed cost breakdown, see our article on how much it costs to seal your record in Virginia.

How Long Does the Process Take?

From start to finish, the expungement process typically takes 9 to 20 months. The biggest variable is the court scheduling backlog and the Virginia State Police processing time after the judge signs your order. For a full timeline breakdown, read our guide on how long the expungement process takes in Virginia.

What Happens After Your Record Is Sealed?

Once your expungement is granted and processed, several things happen:

• The charge is removed from Virginia State Police databases
• Court records related to the charge are sealed from public access
• You can legally deny that the arrest or charge ever occurred on job applications and in interviews
• The record will not appear on standard employment background checks
• You regain access to opportunities in housing and employment that may have been affected by the record