Restor A Previous Version Of Legal Virginia Expungement Forms For Free

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.

Even if the judge is sympathetic to your reason for needing an expungement, the judge can only grant an expungement if your situation meets the requirements for an expungement. You may always file the case without an attorney (?pro se?).

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.

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.

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 fee for filing a proceeding is currently around $84 and the cost of serving the petition on the state is $12, for a total of $96. You should call the Circuit Court clerk's office in your jurisdiction, before you go in, to find out the exact amount and whether they require cash or will accept a money order.