Virginia Expungement Guide
Virginia expungement is the legal process used to remove eligible police and court records relating to an arrest or criminal charge. Traditional expungement generally applies when a case did not result in a conviction, including certain acquittals, nolle prosequi dispositions, and qualifying dismissals. Eligibility depends on the exact charge, plea, court findings, final disposition, and the Virginia statute that applies. A court record showing that a charge was “dismissed” does not necessarily mean that it can be expunged. Deferred dismissals, amended or reduced charges, findings of sufficient evidence, and related convictions can change the analysis. This guide explains Virginia expungement eligibility, the petition process, manifest injustice, timing, and the significant changes to Virginia law effective December 1, 2026.
Virginia Expungement Guide Topics
Related Virginia Record Relief Guides
What Expungement Means in Virginia
Expungement is different from simply having a criminal charge dismissed. An acquittal, dismissal, or nolle prosequi may end the criminal prosecution, but police and court records relating to the arrest or charge can continue to exist unless they are separately expunged or addressed through another form of record relief.
Virginia Code § 19.2-392.2 provides procedures for expungement of eligible police and court records. When an expungement order is entered, the clerk forwards the order to the Virginia Department of State Police so that the affected records can be handled as required by Virginia law.
Virginia law also restricts access to expunged records. A person who has access to an expunged police or court record generally may not open, review, or disclose information from that record without authorization permitted by law or an appropriate court order.
Expungement therefore concerns both eligibility and the particular records connected to an eligible charge. Determining whether relief is available requires review of the actual disposition rather than simply the name of the original offense.
Who Is Eligible for Expungement in Virginia?
Virginia’s expungement statute changes on December 1, 2026. Until November 30, 2026, the traditional eligibility framework generally permits a petition when a person was:
- Acquitted of the charge;
- The subject of a nolle prosequi;
- Otherwise dismissed;
- Dismissed through accord and satisfaction where authorized by Virginia law;
- Arrested or charged because another person used the petitioner’s name or identifying information without authorization;
- Granted an absolute pardon for a crime the person did not commit; or
- Entitled to expungement following a qualifying writ that vacated a conviction.
Certain deferred dispositions may also preserve expungement eligibility when a specific Virginia statute and the final disposition allow it.
The most important point is that the word “dismissed” by itself does not establish eligibility. The plea, stipulations, court findings, reason for dismissal, final order, and relationship between the dismissed charge and any conviction may all matter.
Acquittals, Nolle Prosequi and “Otherwise Dismissed” Charges
Acquittal
A person who is found not guilty may generally petition for expungement of the police and court records relating to the eligible charge. An acquittal resolves the criminal case in the defendant’s favor, but the arrest and court record do not necessarily disappear simply because the person was found not guilty.
Nolle Prosequi
A nolle prosequi occurs when the Commonwealth elects not to continue prosecuting the charge. Under Virginia’s traditional expungement statute, a nolle prosequi is one of the dispositions that may support an expungement petition.
The fact that a charge was nolle prossed does not itself remove the arrest or court record. A separate expungement proceeding may still be necessary.
What “Otherwise Dismissed” Means
Virginia’s expungement statute has historically permitted relief when a charge was “otherwise dismissed.” The phrase is important because not every dismissal occurs under identical circumstances.
A dismissal entered without a guilty plea, without a stipulation that the evidence was sufficient for guilt, and without a judicial finding of sufficient evidence may present a different expungement analysis from a dismissal entered after the defendant admitted facts or the court determined that the evidence was sufficient.
The final disposition order is therefore important. Two cases may both appear online as “dismissed” while having very different histories and different expungement consequences.
Accord and Satisfaction
Virginia law also recognizes dismissal by accord and satisfaction in certain circumstances. When a qualifying charge is dismissed through the statutory accord-and-satisfaction procedure, the disposition may fall within the expungement statute.
Deferred Dismissals and Virginia Expungement
A deferred disposition occurs when a court postpones final resolution of a charge and places the accused under conditions before deciding the ultimate disposition. If the conditions are completed successfully, the charge may later be dismissed.
A deferred dismissal is not automatically eligible for traditional expungement. The problem often arises because the defendant may have pleaded guilty, stipulated that the evidence was sufficient, or been found by the court to have committed the offense before the case was deferred.
Virginia law contains important statutory exceptions. For example, Virginia Code § 19.2-298.02 permits the parties, under specified circumstances, to agree that a charge dismissed under that section may be treated as otherwise dismissed for expungement purposes. The agreement and expungement eligibility may be reflected in the final disposition order.
Virginia Code § 19.2-303.6 also provides that a charge dismissed under that statute may be considered otherwise dismissed for expungement purposes.
Because deferred-disposition cases can turn on the specific statute, plea, stipulation, court findings, and wording of the final order, the fact that the ultimate result was “dismissed” should not be treated as the end of the analysis.
Original Charges Reduced or Amended to a Conviction
A person may be arrested or charged with one offense but ultimately convicted of a different or reduced offense. In that situation, dismissal or amendment of the original charge does not necessarily mean the original charge can be expunged.
The relationship between the original charge and the resulting conviction can matter. An original charge that was dismissed as part of a reduction to a lesser-included or closely related offense may present a different issue from a completely separate charge that was dismissed while another unrelated charge resulted in conviction.
The charging documents, plea agreement, evidence, final disposition, and relationship among the counts may all be relevant. This is another reason why eligibility should be determined from the complete court record rather than from an online docket entry alone.
Misdemeanor and Felony Expungement in Virginia
Both misdemeanor and felony charges may potentially qualify for expungement when they end in an eligible non-conviction disposition. The classification of the original charge as a felony does not, by itself, prevent expungement.
Misdemeanor Charges
Under the law in effect through November 30, 2026, a petitioner with no prior criminal record whose arrest involved a misdemeanor violation or whose charge involved a civil offense receives a more favorable statutory standard. In the absence of good cause shown to the contrary by the Commonwealth, the petitioner is entitled to expungement.
Felony Charges
An eligible felony charge may also be expunged, but the traditional statute generally requires the court to determine that continued existence and possible dissemination of the arrest information causes or may cause circumstances constituting manifest injustice.
The important distinction is between a felony charge that ended in an eligible disposition and an ordinary felony conviction. An ordinary conviction generally does not qualify for traditional expungement merely because significant time has passed or the sentence has been completed.
Manifest Injustice in Virginia Expungement Cases
Manifest injustice is an important part of Virginia’s traditional expungement statute. In cases where the standard applies, the court considers whether continued existence and possible dissemination of information relating to the arrest causes or may cause circumstances constituting a manifest injustice to the petitioner.
The statute does not require the petitioner to wait until a particular job, license, housing opportunity, or other benefit has already been lost. The analysis can involve both existing consequences and reasonably anticipated harm resulting from continued access to the arrest or charge.
Examples of circumstances that may be relevant include:
- Employment applications and background checks;
- Professional or occupational licensing;
- Housing applications;
- Education or training opportunities;
- Security-clearance concerns;
- Volunteer positions;
- Reputational consequences; and
- Other recurring situations in which an arrest or criminal charge continues to appear.
The court may also consider the petitioner’s criminal history and the circumstances surrounding the charge. The applicable standard can differ when the petitioner has no prior criminal record and the arrest involved a misdemeanor or civil offense.
Beginning December 1, 2026, the amended statute uses the phrase “potential manifest injustice.”
Special Virginia Expungement Situations
Mistaken Identity
Virginia law provides a separate procedure when another person used the petitioner’s name or identifying information without consent or authorization. This procedure differs from an ordinary acquittal or dismissal petition and includes fingerprint requirements designed to establish identity.
Absolute Pardon for a Crime Not Committed
When a person receives an absolute pardon for a crime that the person did not commit, Virginia law provides for expungement of the police and court records relating to the charge and conviction.
Qualifying Writ Vacating a Conviction
Virginia law also provides for expungement when a court receives a qualifying writ vacating a conviction under specified statutory procedures.
These situations are different from an ordinary request to expunge a conviction simply because the sentence has been completed. Traditional expungement generally does not provide a procedure for erasing an otherwise valid criminal conviction.
How the Virginia Expungement Process Works
The exact procedure depends on the type of expungement involved, but an ordinary Virginia expungement petition generally includes the following steps:
- Review the final disposition. Determine whether the charge, plea, court findings, and final order satisfy the applicable expungement statute.
- Identify the proper Circuit Court. Under the current statute, the petition is generally filed in the Circuit Court for the city or county where the case was disposed. Beginning December 1, 2026, the amended statute refers to the Circuit Court where the case was resolved.
- Prepare the petition. The petition identifies the charge, date of final disposition, petitioner’s identifying information, and other information required by statute.
- Include the charging document when reasonably available. A copy of the warrant, summons, indictment, or other applicable charging document should accompany the petition when reasonably available.
- Request the CCRE criminal-history transmission. In an ordinary petition, the petitioner requests that the Central Criminal Records Exchange electronically transmit the petitioner’s Virginia criminal-history record to the Circuit Court.
- Serve the Commonwealth’s Attorney. The petition must be served on the attorney for the Commonwealth for the jurisdiction in which the petition is filed. The Commonwealth generally has 21 days to object, answer, or notify the court that it does not object.
- Address any objection or evidentiary issue. Eligibility, manifest injustice, criminal history, or another issue may need to be addressed before the court.
- Present the petition to the Circuit Court. The court determines whether the statutory requirements for expungement have been satisfied. Under certain circumstances, a petition may be granted without a hearing when the Commonwealth does not object and the statutory requirements for doing so are met.
- Implementation of the order. If expungement is granted, the clerk forwards the order to the Virginia Department of State Police so that the affected records can be handled as required by law.
A person filing an ordinary petition under § 19.2-392.2(A) is not required to pay court fees or costs for filing the petition. Fingerprints are specifically required for the separate mistaken-identity procedure rather than for every ordinary expungement petition.
Virginia Expungement Law Changes Effective December 1, 2026
Virginia Code § 19.2-392.2 changes substantially on December 1, 2026. The amendments affect both the way eligibility is described and several important procedural issues.
| Issue | Through November 30, 2026 | Beginning December 1, 2026 |
|---|---|---|
| Basic eligibility language | Generally focuses on acquittals, nolle prosequi, and charges otherwise dismissed. | Generally covers a person arrested, charged, summonsed, or indicted who was not ultimately convicted, subject to the statutory limitations involving sufficient-facts stipulations or findings followed by deferred adjudication or disposition. |
| Multiple charges | The current statute does not contain the same express authorization concerning separate transactions or occurrences. | A single petition may request expungement of multiple charges arising from separate transactions or occurrences. |
| Unavailable information | The petition explains why specified information is not reasonably available. | The statute expressly provides that such unavailability alone is not a basis for refusing expungement. |
| Commonwealth objection | The Commonwealth may file an objection or answer. | If an objection is filed, it must include the basis for the objection. |
| Judicial standard | Manifest injustice. | Potential manifest injustice. |
| Prior conviction | Criminal history may be relevant under the current framework. | A prior conviction alone is not sufficient to deny expungement. |
| Filing fee | No court fees or costs for an ordinary subsection A petition. | No court fees or costs for an ordinary subsection A petition. |
The December 1 amendments are particularly important for people who were previously told that an old non-conviction record could not be expunged. A prior eligibility determination may need to be reconsidered under the language that applies when a new petition is filed.
Expungement vs. Record Sealing in Virginia
Expungement and record sealing are separate forms of Virginia criminal record relief. Although the terms are sometimes used interchangeably, they apply under different statutes and can address different types of records.
Traditional expungement generally concerns eligible arrests and charges that did not result in a conviction, together with certain special statutory situations.
Record sealing may apply to certain convictions, deferred dismissals, non-convictions, and other eligible records under Virginia’s newer sealing framework. Depending on the record, sealing may occur automatically or may require a petition.
The distinction is particularly important when a person says that a charge was “dismissed.” A dismissal without a guilty plea or finding of sufficient evidence may present an expungement issue, while a deferred dismissal entered after a plea, stipulation, or finding may fall under a different statutory framework.
For a detailed explanation of Virginia sealing law, see our Virginia Record Sealing Guide. For the newer automatic and petition-based Clean Slate framework, see our Virginia Clean Slate Guide.
What Happens After Expungement Is Granted?
When a Circuit Court enters an expungement order, the clerk forwards the order to the Virginia Department of State Police. The State Police then directs the manner in which the appropriate police and court records are expunged or removed in accordance with Virginia law.
Virginia Code § 19.2-392.3 generally makes it unlawful for a person who has or obtains access to an expunged police or court record to open or review the record, or disclose information from it, without legal authority or an appropriate court order.
An expungement order does not necessarily mean that every private background-check database changes instantaneously. Private databases may have obtained information before the expungement was entered, and the time required for third-party systems to update can differ from the official court and criminal-history process.
For that reason, a person reviewing the practical effect of an expungement may need to distinguish between the official Virginia record covered by the court order and information maintained by an independent private database.
Employment background checks can involve court records, criminal-history information, and data collected by private background-screening companies. For a detailed explanation of what employers may see, how far back employment screening can go, and how expungement or record sealing may affect the information reported, see our Virginia Employment Background Checks & Criminal Records Guide.
How Long Does Expungement Take in Virginia?
Virginia law does not establish one fixed statewide completion time for every expungement case. The amount of time involved can depend on the availability of the underlying records, preparation of the petition, service on the Commonwealth’s Attorney, whether an objection is filed, whether a hearing is necessary, the Circuit Court’s schedule, and implementation after an order is entered.
The process can be viewed in several stages:
- Obtaining and reviewing the court record;
- Preparing and filing the petition;
- Obtaining the CCRE criminal-history transmission;
- Allowing time for the Commonwealth’s response;
- Resolving any objection and scheduling a hearing when necessary;
- Entry of the final order; and
- Implementation of the expungement order in the applicable record systems.
A separate issue is how long a private background-check provider may take to update information after an official record has been expunged. That timing is not necessarily controlled by the Circuit Court.
When an Expungement Attorney May Be Helpful
Some expungement cases are legally straightforward. Others require closer analysis because the case involved a deferred dismissal, an amended or reduced charge, multiple counts, a related conviction, disputed eligibility, or the need to establish manifest injustice.
The wording of the final order can be particularly important. An online docket entry may not reveal whether the defendant entered a plea, stipulated to sufficient evidence, received a deferred disposition, or obtained an order that specifically preserved expungement eligibility.
If you want an attorney to evaluate eligibility and handle a Virginia Circuit Court expungement petition, see our Virginia Expungement Attorney page.
Virginia Expungement FAQs
What is expungement in Virginia?
Virginia expungement is a legal process used to remove eligible police and court records relating to an arrest or criminal charge. Traditional expungement generally applies to eligible matters that did not result in a conviction, together with certain special statutory situations.
Does a dismissed charge automatically disappear in Virginia?
No. A dismissal ends the criminal prosecution but does not necessarily remove the related police, court, or criminal-history records. A separate expungement or other record-relief process may be necessary.
Can a criminal conviction be expunged in Virginia?
An ordinary valid criminal conviction generally cannot be expunged through the traditional expungement process. Virginia law provides limited exceptions for matters such as an absolute pardon for a crime the person did not commit and qualifying writs that vacate a conviction. Some convictions may instead qualify for record sealing.
Can a felony charge be expunged in Virginia?
Yes. A felony charge may potentially qualify for expungement when it ended in an eligible non-conviction disposition. The fact that the original charge was a felony does not by itself prevent expungement.
What does nolle prosequi mean for Virginia expungement?
A nolle prosequi means that the Commonwealth elected not to continue prosecuting the charge. Under Virginia’s traditional expungement statute, a nolle prosequi is one of the dispositions that may support an expungement petition.
Can a deferred dismissal be expunged?
Sometimes. Many deferred dismissals create an expungement problem because the defendant pleaded guilty, stipulated to sufficient evidence, or the court found sufficient evidence before deferring the case. Virginia law also contains specific statutory exceptions that may preserve expungement eligibility, so the governing statute and final order should be reviewed.
What does “otherwise dismissed” mean in a Virginia expungement case?
The phrase refers to dismissals that may fall within Virginia’s traditional expungement statute. Whether a particular dismissal qualifies can depend on the plea, stipulations, court findings, conditions imposed, final order, and relationship to any resulting conviction.
What is manifest injustice in a Virginia expungement case?
Manifest injustice concerns the harm that continued existence and possible dissemination of an arrest record causes or may cause. Relevant circumstances may include employment, professional licensing, housing, education, security-clearance concerns, reputation, and other background-check consequences.
Where is a Virginia expungement petition filed?
An ordinary expungement petition is generally filed in the Circuit Court for the city or county where the underlying case was disposed or resolved, depending on the version of the statute that applies.
Are fingerprints required for every Virginia expungement petition?
No. For an ordinary acquittal or dismissal petition, the current procedure generally requires the petitioner to request that the CCRE electronically forward the Virginia criminal-history record to the Circuit Court. Fingerprints are specifically required for the separate mistaken-identity procedure.
What changes in Virginia expungement law on December 1, 2026?
The revised statute changes the basic eligibility language, expressly permits a single petition to include multiple charges arising from separate transactions or occurrences, requires the Commonwealth to state the basis for an objection, uses the potential-manifest-injustice standard, and provides that a prior conviction alone is not sufficient to deny expungement.
What is the difference between expungement and record sealing?
Traditional expungement generally applies to eligible arrests and charges that did not result in a conviction. Record sealing may apply to certain convictions, deferred dismissals, non-convictions, and other eligible records. The correct form of relief depends on the charge, disposition, dates, court findings, and applicable statute.
Need Help With a Virginia Expungement?
This guide explains Virginia expungement law generally, but eligibility can depend on details that are not apparent from an online court record. The charge, plea, court findings, final disposition, related counts, and criminal history may all affect whether an expungement petition is available. Our attorneys represent clients in Virginia expungement matters statewide. If you want an attorney to review your record and determine whether an expungement petition may be filed, contact our firm to request a confidential case review.
2/7/2026 | Updated 8/23/2026