Getting a criminal record sealed in Virginia can open doors to better job opportunities, housing, education, and peace of mind. Many people feel overwhelmed by the process, but with the right guidance and preparation, it’s achievable. Whether you’re dealing with old charges, dismissed cases, or eligible convictions, understanding Virginia’s laws is key. The Law Office of Kimberly Stover, PLLC, helps Virginians navigate this process with clarity and confidence.
In this guide, you’ll learn about qualifying offenses, how long it takes, what it costs, and the difference between expungement and sealing. You’ll also find answers to frequently asked questions at the end.
How to Get a Criminal Record Sealed in Virginia
Sealing a criminal record in Virginia means restricting public access to your case information. While some records can be expunged (significantly less access and future use of the record) others are sealed so they won’t appear in most background checks.
To begin, you must determine if your case qualifies. Not all arrests or convictions are eligible. Virginia law has specific criteria based on the outcome of the case and the type of offense.
First, identify whether your record is eligible for expungement or sealing. Cases that end in acquittal, dismissal, or a nolle prosequi can usually be expunged. Certain convictions and non-convictions may be sealed automatically or by petition if eligibility requirements are met. Expungements do not occur automatically and require a petition.
Next, prepare your petition. You’ll need court forms outlining your request, details of your case, and any supporting documents showing rehabilitation, good conduct, and reasons for sealing.
Filing the petition with the appropriate circuit court is your next step. Once submitted, a judge will review it and may schedule a hearing. You or your attorney can explain why you qualify for sealing and why sealing the record serves justice. Or, the Commonwealth’s Attorney can agree with the petition and waive the hearing.
If the judge grants the petition, the court issues an order to law enforcement and state agencies to restrict access to your record. This does not always mean complete removal; it means the record becomes inaccessible to the public and most employers.
What Crimes Can Be Expunged in Virginia?
Expungement eligibility depends on how the case was resolved. Typically, the following are eligible for expungement:
- Cases dismissed by a court
- Cases resulting in acquittal
- Cases with nolle prosequi (prosecutor drops charges)
- Deferred dispositions (if expungement eligibility was agreed)
Convictions for felonies and misdemeanors usually cannot be expunged. However, if the court defers a finding of guilt on a matter and it is agreed that it will be eligible for expungement if compliant, these matters can be expunged.
How Long Does It Take to Expunge a Record in VA?
There’s no fixed timeline for expungement or sealing because cases vary in complexity and court schedules. In general:
- Initial preparation can take a few weeks to gather records and forms.
- Court filing to hearing may take 1–3 months depending on the jurisdiction.
- Judge’s decision and order issuance can add several weeks.
Some cases move faster if there are clear grounds and no opposition from prosecutors. Others may take longer, especially if additional evidence is required or a hearing is contested.
Working with an experienced attorney helps streamline this process and ensures filings are complete and persuasive.
Once the judge signs the order, law enforcement and state agencies have their own timelines to update records. Full sealing can take several additional weeks after the court order.
For example, if you face a DUI or DWI charge, knowing how your case was handled helps determine the timeline. Visit dui-dwi defense in Virginia to understand how outcomes affect eligibility.
How Much Does It Cost to Expunge a Record in VA?
Costs vary depending on the county, attorney fees, and whether a hearing is required. Expect:
- Court filing fees beginning July 1, 2026, there will be no filing fees
- Service fees to provide a copy to the Commonwealth’s Attorney
- Attorney fees for preparation, filing, and representation
Legal representation is invaluable, especially when eligibility is unclear or the prosecutor may oppose your petition.
Fees may also depend on the need for additional documents like certified court records or police reports.
The Law Office of Kimberly Stover, PLLC, can guide you through these costs and help you plan. Learn more about your defense options with a criminal lawyer in Alexandria.
What Is the Difference Between Expungement and Sealing in Virginia?
Many people confuse expungement and sealing, but they are not the same:
Expungement is a different process than sealing. Expungement limits access, disclosure requirements and use of a prior criminal record significantly more than sealing. Expungement only typically applies when a case ended without a conviction, such as dismissal or acquittal.
Sealing generally hides the record from the public access and prevents the record from appearing in most background checks. However, there are several permitted purposes for which the record may be accessed and used.
In Virginia:
- Expungement is usually only available only for dismissed or acquitted cases
- Sealing is permitted for certain convictions and non-convictions meeting eligibility requirements
Some defendants mistakenly believe any old conviction can be wiped clean. That’s not true under Virginia law. Understanding which applies to you starts with reviewing your case outcome.
Seek Professional Help for the Best Results
The process of sealing or expunging a record is legal and administrative. Success depends on your facts, legal groundwork, and clear presentation to the court.
Navigating this alone can be confusing, and mistakes often cause unnecessary delays. Partnering with an experienced Virginia criminal defense attorney elevates your chances.
Whether you need help understanding eligibility, completing forms, or representing you in court, professional counsel makes a significant difference.
Frequently Asked Questions (FAQ)
Can I get any arrest record expunged in Virginia?
Only arrests that did not lead to conviction and ended in dismissal, acquittal, or nolle prosequi are typically eligible for expungement.
Can a sealed record be seen by employers?
Sealed records don’t show up on most background checks, but certain government agencies and licensing boards may still access them.
Will sealing my record clear my criminal history?
Sealing restricts public access, but the case still exists on government systems. Additionally, sealing is done on a case-by-case basis (not applicable to a person’s entire criminal history) and there are limits to how many sealing petitions may be granted.
Do I need an attorney to seal my record in Virginia?
You aren’t legally required to have an attorney, but legal help can greatly increase your chances of success and ensures proper filings.
How often can I file for expungement?
There are no limits on how many expungement petitions you may file.
If you want help sealing your criminal record in Virginia or need answers about your specific case, contact a qualified attorney who can guide you effectively and efficiently. Understanding your rights and options is the first step toward a fresh start.
