How do I file for an expungement in Virginia?

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In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were made.

How can I get my record expunged for free in Virginia?

If you are eligible to have your record expunged, you may file a petition for expungement. You must file the petition in the circuit court of the county or city in which your case was handled. (Virginia Statutes § 19.2-392.2 (2018).) You can find the petition forms on the website of the Virginia Judicial System.

How much does it cost to get your record expunged in Virginia?

The fee for filing a proceeding is currently around $84 and the cost of serving the petition on the state is $12, for a total of $96. You should call the Circuit Court clerk’s office in your jurisdiction, before you go in, to find out the exact amount and whether they require cash or will accept a money order.

How long do you have to wait to file for expungement in Virginia?

10 years have passed since the conviction date. You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those 10 years. If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation.

How do you get a misdemeanor expunged in Virginia?

To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be fingerprinted, and there is a waiting period. During that waiting period, the Commonwealth’s Attorney receives a copy of the petition, and has an opportunity to object.

How long does a misdemeanor stay on your record in Virginia?

Again, criminal convictions – even for misdemeanors – stay on your record forever in Virginia.

Can you get a felony removed from your record in Virginia?

With very few exceptions, criminal convictions in Virginia cannot be expunged. This remedy is usually only available to people who were arrested and charged, but ultimately not found not guilty of wrongdoing. Expungement in Virginia is essentially the same as sealing your record.

How soon can I apply for an expungement?

You want to expunge an arrest,criminal charge,or juvenile delinquency allegation from your record,and

The arrest did not lead to a conviction.

The arrest is at least one year old,and

There are no charges currently pending against you,and

You are not participating in a pretrial diversion program.

Can you get an expungement in Virginia?

You can apply for an expungement any time after the final disposition of your case. If you were the victim of identity theft, you can apply immediately. Virginia automatically expunges juvenile records once you turn 19 and five years have passed since your last juvenile hearing. Virginia DMV records are automatically destroyed when you turn 29.

Are you eligible for an expungement in Virginia?

Virginia has no set number of years to wait that will make you eligible for an expungement. Virginia’s expungement law offers relief only for those charged but never convicted. In Virginia, convictions are FOREVER.

How can I get my criminal record expunged in Virginia?

Your conviction is for a misdemeanor,multiple misdemeanors,a nonviolent felony,or several nonviolent felonies that resulted from the same event;

Your conviction is not excluded from expungement under West Virginia law;

You do not have any charges pending against you; and

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