What You need to Know About Expungements in Virginia

Why would I want an expungement? 

In Virginia, a conviction for any misdemeanor or felony criminal offense, such as assault, drug possession, DWI/DUI, reckless driving, etc., results in a record for life.  However, under certain circumstances, these records can be “sealed” through a legal process called a criminal record expungement.

Will all charges show up on my record?  

A charge will always show up on your record unless you get it expunged. You can only get it expunged if you go to trial and the judge finds you not guilty and dismisses the charge or if no finding is found at all (which generally means no "first offender program" since those usually involve a finding of facts sufficient for guilt) and the charge is dismissed.

What is an expungement?

A criminal record expungement is an action used to delete all police and court records, including electronic records, for a specific criminal case.  While an expungement removes these records from public access, they are not actually destroyed and can be accessed by court order. 

How is an expungement obtained? 

An expungement can only be obtained if you are found not guilty by the court (dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; an individual’s name is used in error; or an individual obtained an absolute pardon from a Virginia Governor.

What are the necessary steps needed to take in order to get my record sealed to find a decent career? 

If you were found not guilty after trial or the charge was nolle prosequi'd (dismissed), an application for expungement can be submitted to the Circuit Court of the county where the charge originated. The form is on the VA courts website; however, like many procedures in criminal law, you would likely be more successful if you retain a local experienced criminal defense attorney to help you because expungement is not automatic simply because you were not found guilty of the charge. You will need to prove that this conviction is in fact impeding you from finding a decent career.

How can I get a copy of my expunged record? 

Frequently, attorneys will obtain a copy of the court documents for a client's file. Contact him or her to see if that was done.

I was charged but not convicted of misdemeanor, which has now made it challenging to find employment. Is there anything I can do? 

You can write to the County Clerk's office and request a copy of the court document, which charged you with the assault and battery. If the boxes indicating "guilty" or "facts sufficient" have not been check marked, you have a reasonable chance to get the charge expunged. Once you obtain a copy of the court document, set up an appointment with a local criminal defense attorney to see if it is possible to have the charge expunged, which will involve an application to Circuit Court.

I was found guilty with first class misdemeanor. Am I eligible to have the conviction expunged because it’s been over one year? 

Unfortunately, regardless of the amount of time you have demonstrated good behavior, you can never expunge a charge after being found guilty in Virginia.

I was found guilty of not properly stopping at stop sign and I have 5+ points on my driving record.  How do I get my driving record and points expunged? 

Virginia driving records only note convictions for the past 11 years.  A driver point balance of 5+ is a “perfect” record.  You cannot expunge your driving record, but as long as you don’t accumulate additional points, they will gradually be reduced by one point each year that you maintain a clean driving record.

I had a speeding citation five years ago, which has since been removed from my driving records but my employer found it on the County’s website.  How do I get the County to take the record down?

In Virginia, even citations will stay on your record for life.  You cannot get the county to take it off the public website and it could stay there for 10 years or more. Your best option is to contact an experienced local traffic attorney to see if something else can be done about this.

If you would like to hire an attorney to file a criminal record expungement in King George or Spotsylvania, contact Susan Fremit now at 540-445-1299 for a free consultation.

This information does not constitute legal advice and is meant for information purposes only.  Information provided is current as of post date and is subject to legislative change at any time.