How to Seal Your Record in Virginia: A Complete Guide

If you have ever been arrested or charged with a crime in Virginia that did not result in a conviction, that record may still appear on background checks. Employers, landlords, and licensing boards can all access this information, and it can hold you back even when you were never found guilty of anything. Sealing your record through Virginia’s expungement process is the legal way to remove these charges from public view so you can move forward with your life.

This guide walks you through the entire process of sealing your record in Virginia, from determining whether you qualify to attending your court hearing and understanding what comes after. Whether you plan to hire an attorney or handle the filing yourself, this information will help you understand every stage of the process.

Overview of Record Sealing in Virginia

In Virginia, record sealing is accomplished through a legal process called expungement. When a court grants an expungement, the records of your arrest, charge, and court proceedings are removed from public criminal databases. The Virginia State Police will seal the record, and it will no longer appear on standard background checks conducted by employers, landlords, or most other parties.

The legal authority for expungement in Virginia comes from Virginia Code Section 19.2-392.2. This statute recognizes that arrest records can cause lasting harm to people who were never convicted of a crime. The law provides a mechanism for these individuals to petition the circuit court to have those records sealed.

It is important to understand that Virginia uses the term “expungement” in its statutes, but the practical effect is record sealing. The physical records are not destroyed. Instead, they are removed from public databases and access is restricted to law enforcement and certain government agencies for limited purposes. For everyday purposes like job applications and housing, an expunged record will not appear.

Why People Seal Their Records

Virginia’s expungement statute itself acknowledges the core problem: arrest records create barriers to employment, education, and financial opportunities even when the person was never convicted. Here are the most common reasons people pursue record sealing in Virginia:

• Employment: Many employers conduct criminal background checks during the hiring process. An arrest record, even for a charge that was dismissed, can cause employers to pass you over for a position.
• Housing: Landlords and property management companies routinely screen applicants for criminal records. An unsealed arrest record can result in denied rental applications, even for charges that never led to a conviction.
• Education: College and professional school applications often ask about criminal history. An arrest record can complicate admissions decisions and make it harder to qualify for financial aid programs.
• Professional licensing: Many licensed professions in Virginia, including healthcare, education, finance, and law, require disclosure of criminal records. An unsealed arrest can delay or prevent you from obtaining the license you need.
• Personal peace of mind: Beyond the practical barriers, many people simply want to close the chapter on an event that did not result in a conviction.

Who Is Eligible to Seal Their Record

Not everyone who has been arrested or charged in Virginia can have their record sealed. Eligibility depends primarily on the outcome of your case. Under Virginia Code Section 19.2-392.2, you may petition for expungement if your charge resulted in one of the following outcomes:

• Acquittal: You went to trial and were found not guilty.
• Nolle prosequi: The Commonwealth’s Attorney decided not to prosecute and the charge was dropped.
• Dismissal: The court dismissed the charge against you.

There are additional nuances to eligibility. If your charge was resolved through a deferred disposition, eligibility can depend on the specific circumstances. If you were charged with one offense but convicted of a lesser included offense, the Virginia Supreme Court has addressed how expungement applies.

Step-by-Step Filing Process

Filing an expungement petition in Virginia involves several distinct steps:

Step 1: Gather Your Case Information

Collect your full legal name, date of birth, the specific charges, date of arrest, the court where the case was heard, case numbers, and the final disposition of each charge.

Step 2: Prepare the Expungement Petition

The petition must be filed in the circuit court in the jurisdiction where the charge was originally brought. Your petition needs to include your identifying information, the details of the charge and its disposition, and a statement requesting expungement.

Step 3: Get Fingerprinted

Virginia law requires a full set of fingerprints with your expungement petition. Visit your local law enforcement agency to have your fingerprints taken.

Step 4: File the Petition with the Circuit Court

Take your completed petition and fingerprint card to the clerk’s office. You will need to pay a filing fee at the time you file.

Step 5: Serve the Commonwealth’s Attorney

You must serve a copy of your petition on the Commonwealth’s Attorney’s office. They have 21 days to respond.

Step 6: Attend the Hearing

The court will schedule a hearing on your petition. If the Commonwealth’s Attorney objects, you will need to demonstrate that keeping the record causes you a manifest injustice.

What to Expect at the Hearing

The judge will review your case and you will have the opportunity to explain why keeping the record causes you harm. Useful evidence includes documentation of denied job applications, letters from employers, evidence of housing denials, and documentation showing how the record affects professional licensing.

Timeline and Costs

Expect the process to take three to six months. Costs include a court filing fee (~$86), fingerprinting ($10-25), and petition preparation ($199 via SealMyRecordVirginia.com or $500-$2,500+ for a lawyer).

Common Mistakes to Avoid

• Filing in the wrong court – Must be in the circuit court where the charge originated
• Trying to expunge a conviction – Only dismissed, acquitted, or nolle prosequi charges qualify
• Not including fingerprints
• Failing to serve the Commonwealth’s Attorney
• Not preparing for the hearing

What Happens After Your Record Is Sealed

After the judge signs an expungement order, the Virginia State Police and other agencies remove the records from public databases. This takes two to three months. After sealing, you can legally answer “no” when asked about arrests for the expunged charge.

This article is for informational purposes only and does not constitute legal advice.