How to file for Virginia expungement or sealing without a lawyer
Last updated: May 2026
Virginia expungement or sealing is governed by Va. Code § 19.2-392.2 (expungement of non-convictions) and Va. Code §§ 19.2-392.6 through 19.2-392.13 (sealing of convictions, effective July 2025). This page walks you through the petition, the forms you'll need, the realistic timeline, and the most common pitfalls — written for petitioners who want to handle the filing themselves.
Not legal advice
ExpungeReady is not a law firm and does not provide legal advice. The information on this page is general educational content about state expungement and record-sealing procedures. Document-preparation services we link to are not a substitute for legal representation. Eligibility rules vary by state, county, and individual circumstances — small mistakes on a petition can cause the court to deny your request.
If your case involves felony convictions, multiple offenses, immigration consequences, professional licensing, federal records, or any uncertainty about eligibility, consult a licensed attorney in your state before filing.
ExpungeReady earns a commission on some links on this page. We only recommend providers we believe are useful for self-represented petitioners.
DIY DIFFICULTY
4/5
Difficult
FILING FEE
$84 court filing fee plus separate service-of-process fees (typically $12 per agency served)
Is DIY realistic in Virginia?
Virginia is on the harder end of the DIY spectrum. The petition must be served on the Commonwealth's Attorney and the case requires a hearing where the court applies a "manifest injustice" or "good cause" standard depending on the relief requested. Non-conviction expungements under § 19.2-392.2 are more straightforward than conviction sealings under the newer § 19.2-392.7 statute. Single-case non-conviction expungements are realistic pro se; most other filings benefit from attorney review.
Where the petition is filed
Filed in the circuit court of the county or city where the case originated
Realistic timeline: 4–8 months from filing to order
Required forms
- Petition for Expungement (for non-convictions) OR Petition for Sealing of Conviction (for the newer remedy)
- Verified statement under oath
- Proposed Order
- Subpoena requesting fingerprints from Virginia State Police
You can complete the forms yourself using the templates published by the Virginia courts, or use a legal-forms service that pre-fills them based on your case details (faster, fewer mistakes, but does not provide legal advice).
Documents to gather first
- Certified copy of the disposition from the circuit court clerk
- Fingerprint card processed by Virginia State Police
- Filing fee and per-service fees
Pull your own Virginia criminal-history record before you file. The petition has to match the official record exactly; case numbers, arresting agency, and disposition language must all line up. See our Virginia background-check guide for the official self-check process.
Common reasons Virginia petitions get denied
- Failing to serve the Commonwealth's Attorney with proper notice
- Confusing the non-conviction expungement statute (§ 19.2-392.2) with the newer conviction-sealing statute (§ 19.2-392.7) — they have different procedural requirements
- Not waiting for the automatic-sealing program to apply before filing manually (some cases will be auto-sealed without a petition)
- Filing in the wrong court (must be the circuit court, not the general district court)
When you should hire a Virginia attorney
Any conviction sealing under the new statute, multiple cases, prosecutor opposition, or cases involving firearms-rights restoration.
See Virginia expungement attorneys →Frequently asked questions
Can I expunge a dismissed case in Virginia without a lawyer?
Yes, for a single, clearly-dismissed case it is realistic to file the Va. Code § 19.2-392.2 petition yourself. Use the standardized form available from the Virginia Judicial System, attach a certified copy of the dismissal order from the circuit court clerk, serve the Commonwealth's Attorney, and request a hearing. Conviction sealings under the newer § 19.2-392.7 statute are more procedurally complex and benefit from attorney involvement.
How long does a Virginia expungement take?
A Virginia expungement or sealing petition typically takes 4–8 months from filing to order from filing to final order. After the order is granted, allow another 30–60 days for state and private databases to remove the entry.
How much does it cost to file an expungement in Virginia?
The Virginia expungement or sealing filing fee is $84 court filing fee plus separate service-of-process fees (typically $12 per agency served). Document-preparation services cost an additional $40–$200; full attorney representation typically runs $800–$3,500.
How do I know if I qualify?
Eligibility depends on the specific offense, the disposition, the waiting period, and your overall criminal history — facts only a licensed attorney in your state can evaluate. Our consultation prep worksheet organizes the same information an attorney will ask about at a consultation.