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An arrest record in Virginia can follow you for the rest of your life — even if you were never charged, the charges were dropped, or you were found not guilty. Many people do not realize that arrest records are separate from conviction records, and they can be just as damaging when it comes to background checks. This guide explains exactly how to get your arrest record sealed in Virginia through the expungement process.
Understanding Arrest Records in Virginia
When you are arrested in Virginia, a record of that arrest is created and stored in multiple databases, including the Virginia State Police criminal history system and local law enforcement records. This arrest record includes:
- Your name and identifying information
- The date and location of the arrest
- The charges associated with the arrest
- Your booking photo (mugshot)
- Fingerprints
This record is created at the moment of arrest — before any determination of guilt or innocence. That means even a completely baseless arrest creates a permanent record unless you take steps to seal it. Unlike some states, Virginia does not automatically remove arrest records after a period of time or when charges are dropped.
Key Point: An arrest record is not the same as a conviction. However, many employers and landlords see the arrest record on a background check and make negative assumptions without investigating the outcome. This is one of the main reasons people seek to seal their records in Virginia.
Who Can Seal an Arrest Record?
Under Virginia Code § 19.2-392.2, you may be eligible to seal your arrest record if the arrest did not result in a conviction. Specifically, you can seek expungement if:
- You were arrested but never charged: The arrest happened, but the Commonwealth’s Attorney decided not to file charges
- The charges were dismissed: The case went to court but was dismissed by the judge
- Nolle prosequi was entered: The prosecutor decided to drop the case before trial
- You were acquitted: You went to trial and were found not guilty
- The charge was resolved through a deferred disposition: For example, marijuana charges resolved under first-offender programs where the charge is ultimately dismissed
Each of these scenarios results in no conviction on your record, yet the arrest record itself persists. Expungement is the legal process to seal it.
When Charges Were Never Filed
If you were arrested but the prosecutor never filed charges, your arrest record still exists in the system. This is one of the clearest cases for expungement, because:
- There was no conviction
- There was not even a formal charge pursued by the state
- The arrest alone creates an unfair burden on your record
In these cases, courts are generally very receptive to expungement petitions. The continued existence of an arrest record for charges that were never even pursued is a clear example of manifest injustice.
When Charges Were Dismissed
Dismissed charges are the most common basis for arrest record expungement in Virginia. Whether the dismissal happened because of lack of evidence, a successful motion to suppress, or the complaining witness declining to cooperate, the result is the same — you have an arrest record but no conviction.
The process for sealing a dismissed charge is the same regardless of the charge type, whether it was a misdemeanor or a more serious offense. Even felony arrest records can be expunged if the charge was ultimately dismissed or resulted in acquittal.
Note: If the charges were dismissed as part of a plea agreement where you pleaded guilty to a different charge, the situation is more complex. The dismissed charge may be expungeable, but the charge you pleaded to (which resulted in a conviction) generally is not under traditional expungement law. Review which charges can be expunged for more details.
Step-by-Step Process to Seal Your Arrest Record
Here is the process for getting your arrest record sealed in Virginia:
Step 1: Obtain Your Criminal History Record
Request a copy of your criminal history from the Virginia State Police. This document will show all arrests and their dispositions, confirming that the arrest you want to seal did not result in a conviction.
Step 2: Gather Court Records
Obtain certified copies of the court disposition from the clerk of the court where your case was heard. This proves the charges were dismissed, nolle prossed, or resulted in acquittal.
Step 3: Prepare Your Petition
Draft your expungement petition, which includes your identifying information, the details of the arrest and charges, the disposition, and a statement about why the continued existence of the record causes or may cause manifest injustice.
Step 4: File with the Circuit Court
Submit your petition and supporting documents to the circuit court in the jurisdiction where the arrest occurred. Pay the filing fee and ensure a copy is served on the Commonwealth’s Attorney.
Step 5: Attend the Hearing
The court will schedule a hearing where you present your case. Learn more about what happens at the hearing so you can prepare effectively.
Step 6: Receive the Court Order
If the judge grants your petition, a court order is issued directing all agencies to seal the record. The Virginia State Police, the court clerk, and the arresting agency must all comply.
Pro Tip: You can file without a lawyer, which saves significant money. The key is having your paperwork prepared correctly and completely. Many petitions are delayed because of paperwork errors, not because the case lacks merit.
How Much Does It Cost?
The cost to seal a record in Virginia includes several components:
- Court filing fee: Varies by jurisdiction but is typically a required fee when submitting your petition
- Virginia State Police criminal history record: Approximately $15
- Fingerprinting: Usually $10-25 depending on the provider
- Attorney fees (if you hire one): Can range from $1,000 to $2,500 or more
- Document preparation service: A more affordable alternative to an attorney
Hiring an attorney is the most expensive option. Many people find that professional document preparation services offer the right balance of affordability and accuracy — especially for straightforward cases involving dismissed charges.
How Long Does the Process Take?
The expungement timeline for sealing an arrest record typically breaks down as follows:
- Obtaining criminal history record: 10-14 business days
- Preparing and filing the petition: 1-2 weeks (or faster with a document preparation service)
- Waiting for the hearing: 30-90 days after filing
- Post-hearing record sealing: 6-12 weeks after the order is signed
In total, expect the process to take approximately 3 to 6 months from start to finish. Starting early and having your paperwork in order helps avoid unnecessary delays.
What Happens After Your Record Is Sealed?
Once your arrest record is sealed through expungement:
- The record is removed from the Virginia State Police database and will not appear on state-level background checks
- Court records are sealed and removed from public online databases
- You can legally deny the arrest occurred on most job applications, housing applications, and other inquiries
- Employers cannot use the sealed arrest against you in hiring decisions
- The arrest will not appear on standard background checks
Sealing your arrest record provides a genuine fresh start, removing a barrier that may have been affecting your career and housing prospects for years.
Take Action Today
Your arrest record will not go away on its own. Every day it remains on file is another day an employer, landlord, or background check company can see it. If you were arrested but never convicted, you deserve to have that record sealed.
SealMyRecordVirginia.com makes the process simple. For just $199, we generate your complete expungement petition and all supporting documents — properly formatted and ready to file with the Virginia circuit court. No attorney needed, no confusing legal forms to figure out on your own.