How to File for Expungement in Virginia
How to apply to clear a criminal record in Virginia: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Va. Code § 19.2-392.12(C)-(H)
| How to apply | File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Ask the Central Criminal Records Exchange to send your Virginia and national criminal history to the court. Send a copy of the petition to the Commonwealth's Attorney, who has 30 days to object or to say they do not object. The court may hold a hearing. If the prosecutor agrees and stipulates that you are eligible and that keeping the record public causes a manifest injustice, the court may seal the record without a hearing. Either side may appeal. Source: Va. Code § 19.2-392.12(C)-(H) |
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| Filing fee | There are no court fees or costs for a petition to seal under § 19.2-392.12. There are also none for a petition to expunge records of an acquittal, dismissal, or identity theft under § 19.2-392.2. |
| Arrests and dismissed charges | When a person is acquitted of a misdemeanor (not a traffic infraction), or the charge is dismissed with prejudice, the court must order the charge automatically sealed unless the person objects. For felony charges ending in acquittal or dismissal with prejudice, the person may ask on the spot for sealing, and the court orders it if the prosecutor agrees. Separately, a person who was acquitted, or whose charge was nolle prossed (dropped) or dismissed, may petition the circuit court to expunge the police and court records under § 19.2-392.2, with no court fees. A denial of automatic sealing does not prevent that petition. A new version of § 19.2-392.2 takes effect December 1, 2026. |
| Getting a copy of your criminal record | Virginia State Police (VSP) provide Virginia criminal history record checks. Generate form SP-167 online, print it, have your signature notarized in Section 1, and mail it with payment to Virginia State Police, Civil & Applicant Records Exchange (CARE), 7700 Midlothian Turnpike, N. Chesterfield, Virginia 23235 (one form per request). Normal turnaround is 15 business days after VSP receives it; there is no expedited service. VSP refers to $15 or $20 background checks. A national (FBI) check is a separate request through the FBI. |
Where to get help in Virginia
More Virginia expungement & criminal records
- Getting a Copy of Your Virginia Criminal Record
- Expunging or Sealing a Felony in Virginia
- Clearing a DUI From Your Record in Virginia
- Sealing or Expunging Juvenile Records in Virginia
- All Virginia expungement & criminal records rules
FAQ
How do you file for expungement in Virginia?
File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Ask the Central Criminal Records Exchange to send your Virginia and national criminal history to the court. Send a copy of the petition to the Commonwealth's Attorney, who has 30 days to object or to say they do not object. The court may hold a hearing. If the prosecutor agrees and stipulates that you are eligible and that keeping the record public causes a manifest injustice, the court may seal the record without a hearing. Either side may appeal.
How much does expungement cost in Virginia?
There are no court fees or costs for a petition to seal under § 19.2-392.12. There are also none for a petition to expunge records of an acquittal, dismissal, or identity theft under § 19.2-392.2.
Can you clear an arrest or dismissed charge in Virginia?
When a person is acquitted of a misdemeanor (not a traffic infraction), or the charge is dismissed with prejudice, the court must order the charge automatically sealed unless the person objects. For felony charges ending in acquittal or dismissal with prejudice, the person may ask on the spot for sealing, and the court orders it if the prosecutor agrees. Separately, a person who was acquitted, or whose charge was nolle prossed (dropped) or dismissed, may petition the circuit court to expunge the police and court records under § 19.2-392.2, with no court fees. A denial of automatic sealing does not prevent that petition.
How do I check my own criminal record in Virginia?
Virginia State Police (VSP) provide Virginia criminal history record checks. Generate form SP-167 online, print it, have your signature notarized in Section 1, and mail it with payment to Virginia State Police, Civil & Applicant Records Exchange (CARE), 7700 Midlothian Turnpike, N. Chesterfield, Virginia 23235 (one form per request). Normal turnaround is 15 business days after VSP receives it; there is no expedited service. VSP refers to $15 or $20 background checks. A national (FBI) check is a separate request through the FBI.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.