Understanding Expungement in Virginia: How to Clear Your Criminal Record

A criminal record can follow you long after a case is resolved, blocking job opportunities, housing applications, and professional licenses even when charges were dropped or never resulted in a conviction. The good news: Virginia law now gives more people than ever the chance to clear their records and move forward.

Expungement is the legal process of sealing or removing criminal records from public access, so they no longer appear on most background checks. If you have an arrest, charge, or certain conviction on your record, Virginia expungement may be the fresh start you need.

What Is Expungement and How Does It Work in Virginia?

If you have ever wondered whether clearing your record is worth pursuing, the answer starts with understanding exactly what expungement does and does not change.

What Does Expungement Actually Do?

When a Virginia court grants expungement, it orders your record sealed from public view. Most employers, landlords, and private background check companies will no longer be able to see it.

That said, expungement is not a complete erasure. Law enforcement agencies and certain licensing boards retain access to sealed records. It is important to understand exactly what changes and what does not, which we cover in detail below.

Expungement vs. Record Sealing in Virginia

Virginia uses the term “expungement” for what some states call “sealing.” Here is how the two concepts compare in practice:

Feature	Expungement (Virginia)	Record Sealing (other states)
Visible to employers	No	No
Visible to law enforcement	Yes	Varies by state
Requires court petition	Sometimes	Usually
Can be automatic	Yes (Clean Slate)	Rarely
Destroys the physical record	No	Sometimes

The 2021 Reforms and 2024 Clean Slate Act

Virginia made two major changes to expungement law in recent years, and most competing resources have not kept up.

In 2021, the legislature expanded petition-based expungement to cover a broader range of charges. Then, in 2024, Virginia enacted the Clean Slate Act, making the Commonwealth one of the most progressive states in the country on record-clearing.

What the 2024 Clean Slate Act changed:

• Certain misdemeanor convictions are now eligible for automatic expungement without any court filing
• Certain nonviolent felony convictions became eligible for petition-based expungement for the first time
• Hundreds of thousands of Virginians may qualify who previously had no legal path to clear their records

Did you know? The Virginia State Police is responsible for identifying and processing automatic expungements under the Clean Slate Act. If you are unsure whether your record was automatically cleared, you can request your criminal history from the Virginia State Police.

Who Qualifies for Expungement in Virginia?

Virginia’s eligibility rules are more generous than most people expect, especially after the 2024 Clean Slate Act expanded who can apply.

Offenses Eligible for Expungement

Virginia law allows expungement in the following situations:

• Arrests that did not result in a charge
• Charges that were nolle prossed (dropped by the prosecutor)
• Acquittals (found not guilty at trial)
• Deferred dispositions where the case was dismissed
• Certain misdemeanor convictions (under the 2024 Clean Slate Act, after a waiting period)
• Certain nonviolent felony convictions (petition-based, with waiting periods and conditions)

Offenses NOT Eligible for Expungement

Ineligible Offense	Notes
Class 1 and Class 2 felonies	Not eligible regardless of outcome
Sex offenses requiring registration	Permanently ineligible
Crimes against children	Not eligible
DUI/DWI convictions	Convictions are ineligible; arrests without conviction may qualify
Murder, manslaughter	Not eligible
Crimes involving a firearm (certain)	Consult an attorney for case-by-case analysis

Note: This table reflects general eligibility. The specific facts of your case, the charge level, and the disposition all affect whether you qualify. An attorney can review your record and give you a definitive answer.

Automatic vs. Petition-Based Expungement

Virginia now has two tracks:

1. Automatic expungement: The Virginia State Police processes these without any action on your part. This applies to eligible arrests without conviction and certain misdemeanor convictions under the Clean Slate Act. You receive notice when it is complete.
2. Petition-based expungement: You file a petition with the circuit court. This is required for most felony expungements and some misdemeanor situations. The process involves filing fees, serving the Commonwealth’s Attorney, and potentially attending a hearing.

Can a Felony Be Expunged in Virginia?

Yes, under certain conditions. Before the 2024 law changes, felony expungement was largely unavailable in Virginia. Now, nonviolent felony convictions may be eligible after a mandatory waiting period, provided you have not been convicted of any other qualifying offenses during that period.

Violent felonies, Class 1 and Class 2 felonies, and sex offenses remain ineligible. If you have a felony on your record, the best step is to have an attorney review it directly.

How to File for Expungement in Virginia: Step-by-Step

This is where most guides fall short. Here is the actual process, from start to finish.

1. Obtain a copy of your criminal record. Request your Virginia criminal history record from the Virginia State Police Central Criminal Records Exchange (CCRE). This costs approximately $15–$25 and can be requested online.
2. Determine your eligibility. Review the charges and dispositions on your record against the eligibility rules above, or have an attorney review it for you. This step determines whether you qualify for automatic expungement (no further action needed) or must file a petition.
3. Complete the expungement petition. For petition-based cases, you will fill out Form DC-210, available through the Virginia court system. The form requires case details, your identifying information, and the specific charges you are seeking to expunge.
4. File with the correct circuit court. File your petition in the circuit court of the county or city where the arrest or charge occurred, not where you currently live. This is the most common filing mistake that delays or derails cases.
5. Serve the Commonwealth’s Attorney. Virginia law requires you to serve a copy of your petition on the Commonwealth’s Attorney for that jurisdiction. Failure to do this correctly is grounds for dismissal.
6. Attend a hearing (if required). The judge may set a hearing, particularly for felony petitions or contested cases. In straightforward matters, some courts grant expungements without requiring your presence.
7. Receive the court order and record update. Once granted, the court sends its order to the Virginia State Police and CCRE, which update or seal your records accordingly.

Seven steps sounds like a lot, but most of the work happens upfront. Once your petition is filed correctly, the process largely runs on the court’s timeline.

Estimated Timeline By Stage:

Stage	Who handles it	Typical wait
Record request	Virginia State Police	1–2 weeks
Petition preparation and filing	You or your attorney	1–3 weeks
Court processing and scheduling	Circuit court	4–8 weeks
Hearing (if required)	Judge	1–4 weeks additional
Record update after order	Virginia State Police	4–6 weeks
Total average		3–6 months

Do You Need an Attorney to File?

You can file a petition on your own, and Virginia courts do not require attorney representation. However, common errors, including filing in the wrong jurisdiction, failing to serve the Commonwealth’s Attorney correctly, or misidentifying the eligible charges, can delay your case by months or result in denial.

For straightforward cases like a single arrest without conviction, self-filing may be practical. For felony petitions or records with multiple charges, having an attorney significantly improves your odds and timeline.

How Much Does Expungement Cost in Virginia?

Cost is one of the most searched questions in this space and one of the least clearly answered by other resources.

Here is a realistic breakdown:

Cost item	Estimated amount
Court filing fee	$86–$131 (varies by circuit court)
Service/process server fee	$12–$25
Fingerprinting (some courts require)	$15–$25
Criminal record request (CCRE)	$15–$25
Attorney fees	$500–$2,500+ depending on complexity
Automatic expungement (Clean Slate)	$0 — no filing required

If cost is a barrier, Virginia residents who meet income guidelines may qualify for free legal assistance through Virginia Legal Aid or a law school clinic. The Virginia Legal Services Program (VLSP) can also connect you with low-cost resources.

What Happens After Your Record Is Expunged?

Once your expungement is granted, the practical question most people have is simple: what will employers, landlords, and agencies actually see?

What Background Checks Will and Will Not Show

Once expungement is granted:

• Most private employer background checks: Will not show the expunged record
• Landlord and housing background checks: Will not show the expunged record
• Virginia law enforcement: Retains access to sealed records
• Federal background checks (FBI/NCIC): Operates separately from the state system; results vary depending on the purpose and agency
• Certain professional licensing boards: Some boards retain authority to consider expunged records; this depends on the specific license

For most people in most everyday situations, expungement does exactly what you need it to do. The exceptions above tend to apply to a narrow set of circumstances, and an attorney can tell you upfront if any of them are relevant to your case.

Can You Say You Were Never Arrested?

For most purposes, yes. In standard employment applications that ask whether you have been convicted of a crime, you can legally answer no once your record has been expunged.

Important exceptions:

• Applications for federal employment or security clearances
• Applications for law enforcement positions
• Applications requiring disclosure under federal law (certain financial services roles, for example)
• Some professional licensing applications that specifically ask about expunged records

When in doubt, disclose and explain. Lying on a federal application is a more serious problem than the underlying record.

Ready to Clear Your Record? Talk to a Virginia Expungement Attorney.

Virginia’s expanded expungement laws mean more people now have a realistic path to clearing their criminal records, but the process still requires careful attention to eligibility, jurisdiction, and procedure.

The attorneys at Bernstein Hough have helped clients across Northern Virginia, including Fairfax, Prince William, Loudoun, and Arlington counties, navigate the expungement process from start to finish. We know the local courts, the filing requirements, and how to put your best case forward.

Schedule your free consultation today and find out whether your record qualifies for expungement under Virginia’s updated laws.

You can also explore related topics on our blog How a Criminal Record Affects Employment in Virginia

Frequently Asked Questions About Virginia Expungement

How long does expungement take in Virginia?
Petition-based expungements typically take 3–6 months from the date of filing to the point where your record is updated. Automatic expungements under the Clean Slate Act are processed by the Virginia State Police without a court filing and may take less time, though no specific deadline is guaranteed.

Can a DUI be expunged in Virginia?
A DUI conviction generally cannot be expunged in Virginia. However, a DUI arrest that did not result in a conviction may be eligible. If your charges were dropped, you were acquitted, or your case was dismissed, contact an attorney to discuss your options.

Does Virginia expungement show up on FBI background checks?
Virginia expungements seal records in the state system, but the FBI operates a separate database (NCIC). Federal background checks for sensitive positions may still surface information that has been expunged at the state level. If you are applying for federal employment or a security clearance, consult an attorney about your specific situation.