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All agencies that may have records must be identified by checking the appropriate box(es) under "Defendant(s)." A $250 surcharge will be assessed when the petition is filed with the court. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.

SB 347 - This act provides that any offenses, infractions, misdemeanors, or felonies which are eligible for expungement under current law shall be eligible for expungement without petition beginning August 28, 2025, subject to limitations as provided in the act.

To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be fingerprinted, and there is a waiting period. During that waiting period, the Commonwealth's Attorney receives a copy of the petition, and has an opportunity to object.

The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter.

Before someone can file for an expungement, the individual must have paid off his or her fine, completed his or her probation or parole, and have a three-year clean date to be eligible for a felony offense expungement or have a one-year wait to be eligible for a misdemeanor offense, municipal offense, or infraction ...

The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.