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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.

Felonies that were reduced to misdemeanors, deferred dispositions or first offender program dismissals are not eligible for expungement in Virginia. In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.

If you were convicted of any misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.

The filing fee is $98 (includes service fee). Fees must be paid by cash, certified check, money order or personal check (no starter checks will be accepted). Checks and money orders may be made payable to "Clerk of Circuit Court." Credit cards will not be accepted for the filing fee of the petitions for an expungement.