What crimes can be expunged in Virginia?

In Virginia, most misdemeanors and many felonies can be expunged after the required waiting period. However, certain serious offenses like violent crimes and sex offenses are typically ineligible.

How long is the waiting period for expungement in Virginia?

Waiting periods in Virginia vary by offense type. Arrests typically require 1 year, misdemeanors 3-5 years, and felonies 5-10 years from sentence completion.

Can I expunge a felony in Virginia?

Many felonies can be expunged in Virginia, but eligibility depends on the specific offense and classification. Class A felonies and certain violent or sexual offenses are generally ineligible.

Will expungement remove my record from background checks?

Yes, once expunged, the record should not appear on most background checks. However, some government agencies and law enforcement may still have access for specific purposes.

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Criminal Record Expungement

VirginiaCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in Virginia.

Clean Slate State

Virginia has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

Fee Waiver AvailableYou may qualify for free filing

Or $40-$100 filing fee if you don't qualify

YesClean Slate StateSome records may clear automatically

Check Eligibility →

Legal Terminology in Virginia

Expungement

expungement

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in Virginia.

Generally Eligible

Acquittals (found not guilty)

Dismissals

Nolle prosequi

Charges not prosecuted

Absolute pardons

Generally Not Eligible

Class 1 Felonies

Capital murder (§ 18.2-31)
First degree murder (§ 18.2-32)

Violent Felonies (§ 19.2-392.12)

Murder and manslaughter
Malicious wounding (§ 18.2-51)
Aggravated malicious wounding (§ 18.2-51.2)
Robbery (§ 18.2-58)
Carjacking (§ 18.2-58.1)
Abduction (§ 18.2-47)
Felony assault and battery

Sex Offenses

Rape (§ 18.2-61)
Sexual battery (§ 18.2-67.4)
Aggravated sexual battery (§ 18.2-67.3)
Object sexual penetration (§ 18.2-67.2)
Forcible sodomy (§ 18.2-67.1)
Indecent liberties with children (§ 18.2-370)
Crimes requiring sex offender registration

Offenses Against Minors

Child abuse and neglect (§ 18.2-371.1)
Production/possession of child pornography
Indecent liberties with children
Taking indecent liberties

DUI Offenses

DUI (§ 18.2-266)
DUI with injury (§ 18.2-51.4)
Aggravated DUI
Felony DUI (3rd or subsequent offense)

Domestic Violence (§ 19.2-392.12(D))

Assault and battery against family member (3rd offense)
Strangulation (§ 18.2-51.6)
Violation of protective order (felony)

Waiting Periods

Non-convictionNo waiting period

Waiting periods typically start from completion of sentence, including probation.

Costs & Fee Waivers

Don't let cost be a barrier. Most people qualify for free filing.

Filing Costs

Recommended

Option 1: Fee Waiver

$0 — File for free

If you have limited income, you likely qualify to file without paying any fees.

Option 2: Pay Filing Fee

$40-$100

Varies by circuit court

If you don't qualify for a fee waiver, you'll need to pay the filing fee.

Don't let filing fees stop you. Most people who apply for fee waivers are approved.

The Process

Verify Eligibility

Confirm your conviction qualifies for sealing under Va. Code § 19.2-392.12

Obtain Your Criminal History

Get your complete Virginia criminal history record

1-2 weeks

Complete the Sealing Petition

Fill out the petition for sealing conviction records

1-2 hours

File the Petition

File in the circuit court where you were convicted

1 day to file; 21+ days for response

Hearing

Attend the sealing hearing if required

30 minutes - 2 hours

Order and Processing

If granted, records are sealed from public view

60-90 days for processing

Legal Resources

Official Virginia Courts resource center with forms and information

Free legal assistance for expungement and record sealing. Serves low-income Virginians statewide.

Nonprofit providing expungement and sealing resources and advocacy

Information about Virginia's Clean Slate law and sealing eligibility

Free civil legal services for low-income residents in Northern Virginia

Free legal services for low-income residents in Central Virginia

Public defender services and resources for eligible Virginians

Request your criminal history record online

Find an attorney who handles expungement cases

Legal Authority

Va. Code § 19.2-392.2

Expungement of Police and Court Records

View source →

Va. Code § 19.2-392.12

Sealing of Criminal Records

View source →

Va. Code § 19.2-392.4

Automatic Sealing

View source →

Va. Code § 18.2-251

First Offender Program

View source →

SB 1339 / HB 2113 (2021)

Clean Slate Legislation

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

What was the outcome of your case?

Date DA Declined to File

🏛️ Find Your Courthouse

Get court contact information, directions, and filing details for your county

Select Your County

📋 My Cases

Track your expungement progress across multiple cases

No Cases Yet

Add your first case to start tracking your expungement progress

📄 Generate Your Forms

After adding your case information above, use this tool to automatically generate your personalized expungement forms:

💡 Add a case above to generate your expungement forms.

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.