Mark Required Fields In Legal Virginia Expungement Forms For Free

Under current Virginia law, the court will only seal your criminal records if: (1) you were acquitted; (2) the government decided not to prosecute you; (3) the charges against you were dismissed without evidence sufficient for a finding of guilty; or (4) the crime was committed by someone using your identity.

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.

An expungement only applies to those found innocent or not convicted. An expungement does not apply to those who have been convicted of a crime, unless the conviction is later overturned or an absolute pardon is granted. Absolute pardons are granted only in rare cases by the governor.

File your completed petition for expungement with the clerk of the circuit court in the county where you were charged. Virginia law requires that you deliver the petition to the Commonwealth Attorney. Most county sheriffs do this for you. Pay the fee.

The filing fee is $98.00; once your case is entered you will receive a case number. Any future documents should have this number on them. Once your case is filed; service will be issued to the Commonwealth of Virginia. You will be given a copy of your documents to take to the State Police for fingerprints.

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.