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Filing for expungement in Virginia requires specific legal forms and supporting documents. Missing even one form or filling something out incorrectly can delay your case by weeks or even result in a denial. Understanding exactly what paperwork you need before you start is critical to a smooth filing process. This guide walks you through every form and document required to file for expungement in Virginia.
Overview of Virginia Expungement Forms
Virginia’s expungement process is governed by Virginia Code § 19.2-392.2, which outlines the legal framework for sealing criminal records. The forms you need depend on the type of charge you are seeking to expunge and the court where your case was originally heard.
At a minimum, you will need to prepare and file the following:
- A Petition for Expungement (the core legal document)
- A certified copy of your criminal history record from the Virginia State Police
- A proposed expungement order for the judge to sign
- Any supporting affidavits or documentation relevant to your case
Important: Virginia courts do not provide a single standardized expungement form packet. The petition must be drafted according to legal requirements, which is why many people use professional services or templates to ensure accuracy.
The Petition for Expungement
The Petition for Expungement is the most important document in your filing. This is the formal legal request asking the court to seal your criminal record. Your petition must include specific information required by Virginia law:
- Your full legal name and any aliases
- Date of birth and identifying information
- The specific charge(s) you are seeking to expunge, including the exact code section
- The case number and the court where the case was heard
- The disposition of the case — whether it was dismissed, nolle prossed, or you were found not guilty
- The date of the disposition
- A statement explaining why the continued existence of the record causes or may cause you a manifest injustice
The manifest injustice standard is particularly important if your case involves certain charge types. You must demonstrate that keeping the record causes real harm to your life, such as difficulty finding employment or housing.
Warning: A petition that is missing required information or contains errors will likely be rejected by the court clerk before it ever reaches a judge. Double-check every detail against your court records.
Supporting Documents You Will Need
Beyond the petition itself, Virginia courts typically require or strongly recommend the following supporting documents:
Certified Disposition Record: This document proves how your case was resolved. You can obtain it from the clerk of the court where your case was heard. It should show that the charge was dismissed, nolle prossed, or resulted in an acquittal. For cases involving dismissed charges or nolle prosequi dispositions, this is essential proof.
Affidavit in Support of Expungement: Some courts require a sworn statement (affidavit) explaining the circumstances of your case and why expungement is warranted. This is your opportunity to explain any employment difficulties or housing barriers caused by the record.
Identification: A valid government-issued photo ID to verify your identity when filing.
Filing Fee Payment: Virginia charges a filing fee for expungement petitions. The cost to file for expungement varies but typically includes court filing fees and fingerprinting costs.
Obtaining Your Criminal History Record
One of the most important documents in your expungement filing is a certified copy of your criminal history record from the Virginia State Police (VSP). This document shows every charge on your Virginia record and is required by the court to verify the charges you are seeking to expunge.
To obtain your criminal history record:
- Visit the Virginia State Police Criminal Background Check page
- Submit a request for a personal criminal history record
- You will need to provide your fingerprints — this can be done at your local police department or a fingerprinting service
- Pay the required fee (typically around $15)
- Wait for processing, which usually takes 10-14 business days
Tip: Request your criminal history record early in the process, as the processing time can add weeks to your timeline. You cannot file your petition without this document. Learn more about checking if your record qualifies for expungement.
The Proposed Expungement Order
Most Virginia circuit courts require you to submit a proposed order along with your petition. This is a draft court order that the judge can sign if they grant your expungement. The proposed order should include:
- The case caption (court name, your name, case number)
- A statement that the petition for expungement has been granted
- An order directing the Virginia State Police and other agencies to seal the record
- The specific charges being expunged
- A line for the judge’s signature and date
While not every court strictly requires a proposed order, submitting one shows preparation and makes it easier for the judge to rule in your favor. It is considered best practice in Virginia circuit courts.
Where and How to File Your Forms
Once you have all your documents prepared, you need to file them with the correct court. For most expungement cases in Virginia, you file with the circuit court in the jurisdiction where the original charge was heard.
Here is the general filing process:
- Make copies — Bring the original petition plus at least two copies (one for the court, one for the Commonwealth’s Attorney, and one for your records)
- File with the clerk — Submit your petition and all supporting documents to the circuit court clerk’s office
- Pay the filing fee — Fees vary by jurisdiction
- Serve the Commonwealth’s Attorney — The prosecutor’s office must receive a copy of your petition. Some courts handle service; others require you to arrange it
- Wait for a hearing date — The court will schedule a hearing, usually within 30-90 days. Learn more about what to expect at the hearing
Note: If you are unsure which court to file in, check the jurisdiction where your arrest occurred or where the original charge was prosecuted. You can look up court information on the Virginia Courts website.
Common Mistakes When Filing Expungement Paperwork
Many expungement petitions are delayed or denied because of avoidable paperwork errors. Here are the most common mistakes to watch out for:
- Wrong case number or charge code: Every detail must match your court records exactly
- Filing in the wrong court: You must file in the circuit court where the case was originally heard
- Missing the criminal history record: Filing without your VSP criminal history report is a common reason for rejection
- Incomplete petition: Failing to include all required information, especially the manifest injustice statement when applicable
- Not serving the Commonwealth’s Attorney: The prosecutor must receive notice of your petition
- Trying to expunge ineligible charges: Not all charges qualify. Review which charges can be expunged in Virginia before filing
Warning: If your petition is rejected due to errors, you may have to start the process over, including paying new filing fees. Getting it right the first time saves both time and money.
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