Where Do I File to Get My Criminal Record Removed in Virginia?

One of the most common questions people have when starting the expungement process is: where exactly do I go to file? Virginia has a specific court system for handling expungement petitions, and filing in the wrong court is one of the most frequent mistakes that delays people’s cases. This guide explains exactly where to file your petition to get your criminal record removed in Virginia.

Why You File in Circuit Court

Under Virginia Code section 19.2-392.2, all expungement petitions must be filed in circuit court, regardless of where your original case was heard. This means that even if your charge was handled in general district court or juvenile and domestic relations court, your expungement petition goes to the circuit court.

Virginia’s circuit courts are the state’s courts of general jurisdiction. They handle felony criminal cases, civil cases above certain dollar amounts, and specialized proceedings like expungement petitions. Each city and county in Virginia has its own circuit court.

Finding the Correct Jurisdiction

The critical factor for determining where to file is the location where the charge was originally brought, not where you currently live. Here is how to identify the correct jurisdiction:

Check Your Court Disposition

Your court disposition or case paperwork will show the name of the court that handled your case. Look for the city or county name. For example, if your case was heard in “Fairfax County General District Court,” you would file your expungement petition in the Fairfax County Circuit Court.

Check Your Criminal History Report

Your criminal history report from the Virginia State Police lists each charge along with the jurisdiction where it was filed. This is a reliable way to confirm the filing location, especially if you no longer have your original court documents.

Contact the Court Clerk

If you are unsure which court handled your case, you can call the circuit court clerk’s office in the city or county where you were arrested. They can look up whether they have records for your case. The Virginia Judiciary website provides contact information for every circuit court in the state.

Virginia Circuit Courts by Region

Virginia has 31 judicial circuits covering all 95 counties and 38 independent cities. Here are some of the busiest circuit courts where expungement petitions are commonly filed:

Northern Virginia

• Fairfax County Circuit Court: 4110 Chain Bridge Road, Fairfax, VA 22030
• Arlington County Circuit Court: 1425 N. Courthouse Road, Arlington, VA 22201
• Prince William County Circuit Court: 9311 Lee Avenue, Manassas, VA 20110
• Loudoun County Circuit Court: 18 E. Market Street, Leesburg, VA 20176

Richmond Area

• Richmond City Circuit Court: 400 N. 9th Street, Richmond, VA 23219
• Henrico County Circuit Court: 4301 E. Parham Road, Richmond, VA 23228
• Chesterfield County Circuit Court: 9500 Courthouse Road, Chesterfield, VA 23832

Hampton Roads

• Virginia Beach Circuit Court: 2425 Nimmo Parkway, Virginia Beach, VA 23456
• Norfolk Circuit Court: 100 St. Paul’s Boulevard, Norfolk, VA 23510
• Newport News Circuit Court: 2500 Washington Avenue, Newport News, VA 23607

For a complete list of all Virginia circuit courts with addresses and phone numbers, visit the Virginia Courts website.

What to Expect at the Clerk’s Office

When you visit the circuit court clerk’s office to file your expungement petition, here is what typically happens:

1. Present your petition: Hand the clerk your completed expungement petition, fingerprint card, and supporting documents
2. Pay the filing fee: The filing fee is approximately $86. Most courts accept cash, check, or credit card. If you cannot afford the fee, ask about a fee waiver application
3. Receive a case number: The clerk will assign a case number to your petition and stamp your copies as filed
4. Ask about service: The clerk can explain how service of process on the Commonwealth’s Attorney is handled in that jurisdiction
5. Get a hearing date: Some courts schedule the hearing at the time of filing, while others will mail you a notice with the hearing date later

Bring multiple copies of your petition. You will need the original for the court, a copy for the Commonwealth’s Attorney, and a copy for your own records.

Filing in Multiple Jurisdictions

If you have eligible charges in more than one jurisdiction, you must file a separate expungement petition in each circuit court. For example, if you have a dismissed charge in Richmond and another in Fairfax, you will need to file one petition in the Richmond City Circuit Court and another in the Fairfax County Circuit Court.

Each filing requires its own filing fee, fingerprint card, and hearing. This can increase both the cost and the time required to clear your entire record. For more details on managing costs, see our guide on expungement costs in Virginia.

Serving the Commonwealth’s Attorney

After filing your petition, it must be served on the Commonwealth’s Attorney for that jurisdiction. This gives the prosecution the opportunity to review your petition and decide whether to support, oppose, or take no position on your request.

Service is typically handled in one of two ways:

• Through the sheriff’s office: The sheriff delivers a copy of the filed petition to the Commonwealth’s Attorney’s office. This is the most common method and usually costs a small fee
• Through the court clerk: In some jurisdictions, the clerk’s office will forward the petition to the Commonwealth’s Attorney directly

Ask the clerk at the time of filing which method is used in that jurisdiction. Once the Commonwealth’s Attorney has been served, the court will schedule your hearing. For more on what happens at the hearing, see our complete guide to sealing your record.

Can You File Online?

As of now, most Virginia circuit courts require in-person filing for expungement petitions. While some courts have adopted electronic filing for certain case types, expungement petitions typically must be filed in person because they require original fingerprint cards and wet signatures.

However, you can prepare all of your documents before visiting the courthouse. SealMyRecordVirginia.com generates court-ready petition forms for $199 that you can print and bring directly to the clerk’s office, saving significant time and ensuring your documents are properly formatted.

Common Filing Mistakes to Avoid

These are the most common filing mistakes that delay or derail expungement petitions:

• Filing in the wrong court: Remember, file in the circuit court where the charge originated, not where you currently live
• Missing fingerprints: Your petition will be rejected without a complete fingerprint card. Get fingerprinted before your filing visit
• Incomplete petition: Missing information on the petition form can result in the clerk refusing to accept it. Double-check all fields before filing
• Wrong charge information: Make sure the charge, case number, and disposition date on your petition match your court records exactly
• Forgetting to serve the Commonwealth’s Attorney: Your hearing cannot proceed until the Commonwealth’s Attorney has been properly served

Using a service like SealMyRecordVirginia.com helps avoid these errors by generating properly formatted petitions based on your specific case information. For a step-by-step walkthrough of the filing process, read our guide on filing an expungement petition without a lawyer.