Virginia Expungement Information

State:
Virginia
Control #:
VA-CCR-A-36
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Description

Expungement Information

Virginia Expungement Information refers to the process of removing criminal convictions from one’s public record. This is done by filing a petition for expungement with the court, which, if granted, will order the Virginia State Police and other relevant agencies to expunge the conviction from the individual’s public record. There are two types of expungement information in Virginia: full expungement and limited expungement. Full expungement, also known as absolute expungement, is when all records related to the conviction are erased from the public record. Limited expungement, also known as partial expungement, is when certain records related to the conviction are erased but not all. Both types of expungement require the petition to be filed with the court.

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FAQ

Your record will automatically be expunged as long as you have never been convicted of a crime in Virginia and you have not been arrested or charged with a crime in Virginia in the last three years. If you do not meet these criteria, you may petition the court for an expungement of your misdemeanor arrest record.

In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.

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.

In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.

Your record will automatically be expunged as long as you have never been convicted of a crime in Virginia and you have not been arrested or charged with a crime in Virginia in the last three years. If you do not meet these criteria, you may petition the court for an expungement of your misdemeanor arrest record.

To get an expungement, you must file a petition and obtain a certified copy of your arrest warrant or indictment. Both documents should be filed in the Circuit Court where the charges against you were resolved. Then: The petition is served on the Commonwealth's Attorney.

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.

To obtain an expungement, you will file a formal petition for expungement in the circuit court of the jurisdiction where you were arrested and/or charged. You must also submit to fingerprinting when submitting your petition. Your fingerprints are used to pull up your criminal records in Virginia.

More info

It is your responsibility to complete your form. There are three documents that you will need to be prepared in pursuing your expunction (which are below):After the expungement process is complete, the person who was arrested or convicted is not legally required to disclose the incident. To "expunge" is to "erase or remove completely. The third volume of this 3volume practice guide contains information on expunging arrest records. You can only expunge felony and misdemeanor arrests. Expunctions (sometimes called expungements) can permanently remove entries from an adult criminal history record. Expunged records come with complete deniability (i.e. , you do not have to include expunged arrests on a job, housing, or school applications). Record expungement is the complete removal or erasure of your criminal record.

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Virginia Expungement Information