View Changes And Revision History Of Legal Virginia Expungement Forms For Free

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.

However, records of the following criminal convictions are still not eligible for expungement: Class 1, 2, 3, or 4 felonies. Involuntary vehicular or watercraft manslaughter or maiming. Assault and battery of a family member. Driving while intoxicated (DWI) or driving under the influence (DUI)

Judges, law enforcement, and some Commonwealth employers may have access to expunged records. Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement.

If the court grants the expungement, this charge will not appear when someone runs a background check on you. Conversely, if the charge is dismissed and you don't get an expungement, the charge will appear on your record but it will show that the charge was dismissed.

In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.

Clean Slate Virginia uses new Virginia sealing laws and existing expungement laws to clear criminal records throughout the entire state of Virginia. When criminal convictions are sealed, they cannot be seen by the public or employers.