Free Expungement Help in Virginia

Reviewed: May 28, 2026

Virginia charges $84 per charge — so a record with five charges costs $420 just to file. That's why the fee waiver matters more in Virginia than almost any other state. Virginia also has automatic sealing phasing in under the 2021 reforms, so some records may already be sealed. Legal Aid Justice Center is excellent for Virginia expungement — they specifically track the automatic sealing rollout.

At a glance

✓ Virginia charges $84 per charge to file — a 5-charge case costs $420, but fee is fully waivable
✓ File in forma pauperis affidavit with the Circuit Court to waive all filing fees
✓ Automatic sealing (2021 reform) may have already sealed some marijuana and misdemeanor convictions
✓ Legal Aid Justice Center (justice4all.org) tracks automatic sealing rollout — best free resource
✓ Virginia Legal Aid Society (vlas.org) has offices statewide for income-qualifying residents

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Virginia automatic sealing — check your status

Virginia's 2021 criminal justice reform (SB 5029/HB 5148) created automatic sealing for certain misdemeanor convictions and marijuana convictions after a clean period. The rollout has been phased. Marijuana convictions under the 2021 legalization law are sealed automatically. For broader automatic sealing, check with the Virginia State Police CCRE (Criminal History Record Information) to confirm whether your specific conviction has been sealed. The Legal Aid Justice Center (justice4all.org) specifically tracks the automatic sealing rollout and can advise.

Free legal aid in Virginia

Virginia Legal Aid Society (vlas.org) provides free legal services to income-qualifying residents across Virginia. Legal Aid Justice Center (justice4all.org) covers Charlottesville, Richmond, and Northern Virginia/DC metro — they have particular expertise in criminal record relief and track Virginia's automatic sealing program closely. Central Virginia Legal Aid Society (cvlas.org) covers Richmond, Chesterfield, and Henrico counties. Blue Ridge Legal Services (brls.org) serves the Roanoke and Shenandoah Valley areas.

Virginia filing fees and fee waivers

Virginia's per-charge filing fee of $84 makes expungement significantly more expensive than most states — a record with five charges costs $420 just to file. An in forma pauperis affidavit filed with the Circuit Court waives this fee for petitioners who cannot afford it. Virginia legal aid organizations can help you prepare and file the fee waiver along with the expungement petition. If you have multiple charges, it is critical to identify all of them before filing — Virginia does not allow adding charges to a petition after filing.

Frequently asked questions

How does automatic sealing work in Virginia?

Virginia's automatic sealing law (SB 5029/HB 5148 from 2021) seals certain misdemeanor and some felony convictions automatically after a clean period. The rollout is phased — not all records are sealed immediately. Marijuana convictions under the 2021 legalization law are sealed automatically. Check with the Virginia State Police CCRE to confirm your status.

Why is Virginia expungement so expensive?

Virginia charges $84 per charge as a filing fee, which is unique among states. The in forma pauperis affidavit can waive this fee entirely for those who qualify. Legal Aid Justice Center and Virginia Legal Aid Society can help you file the fee waiver and handle the entire petition at no cost for income-qualifying clients.

Can a felony be expunged in Virginia?

Virginia's expungement law (Code of Virginia § 19.2-392.2) has historically been limited to non-conviction records (acquittals, dismissals, nolle prosequi). The 2021 reform expanded automatic sealing to include some misdemeanor convictions. Some felony convictions may now qualify for automatic sealing under the phased rollout — consult Legal Aid Justice Center for your specific case.

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