Virginia Petition Expungement Attorneys
Last updated: May 2026
Virginia's traditional expungement statute (Code 19.2-392.2) is narrower than most other states. It applies only to non-conviction records — cases that ended in acquittal, nolle prosequi (dismissal by the prosecutor), absolute pardon, or where the petitioner's name was used incorrectly. A landmark 2021 reform created a separate automatic expungement system (Code 19.2-392.5 et seq.) for certain convictions, but its implementation has been delayed; the petition-based remedy remains the active path for non-convictions.
Who qualifies?
A petitioner may seek expungement of police and court records relating to a charge if the petitioner was acquitted, the charge was nolle prossed, the charge was otherwise dismissed (with limits), or the petitioner received an absolute pardon. Cases dismissed pursuant to a deferred-disposition statute (such as first-offender drug treatment under 18.2-251) historically have been treated as non-eligible — the Supreme Court of Virginia confirmed this in Daniels v. Commonwealth.
Identity-theft expungement is also available where a person's name was used unlawfully by another in a criminal case.
The petition process
The attorney files a petition in the circuit court of the city or county where the charge was brought. The State Police obtain a fingerprint card and prepare a criminal-history report. The Commonwealth's Attorney receives notice. A hearing is held.
For misdemeanor charges, the court must grant expungement upon proof of eligibility unless the Commonwealth shows the record's continued existence does not constitute a "manifest injustice." For felony charges, the burden falls more squarely on the petitioner to show manifest injustice from the continued existence of the record.
Cost and timing
Court filing fees, fingerprint processing, and Virginia State Police fees typically total $130 to $200. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them. The process usually takes 90 to 180 days from filing.
Frequently asked questions
Can I expunge a conviction in Virginia?
Petition expungement under 19.2-392.2 generally does NOT cover convictions. The 2021 automatic expungement law (19.2-392.6 et seq.) addresses certain convictions but its full rollout has been delayed. A Virginia attorney can advise based on the current status of implementation.
What about a dismissed first-offender case?
Cases dismissed under a deferred-disposition statute (such as 18.2-251) are generally not eligible for petition expungement under existing Supreme Court precedent. The 2021 reform may eventually provide relief for many of these once implemented.
Does expungement remove the FBI record?
When the Virginia order is entered, the State Police notify the FBI. Federal record updates may take additional weeks.
Will I need to be fingerprinted?
Yes. Filing the petition includes obtaining a current fingerprint card so the State Police can match the record being expunged.
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