A criminal charge, even if dismissed, can follow you for years. Background checks by employers, landlords, or schools may still flag old charges, affecting your future long after your case is closed. Many people remain concerned that old charges will follow them for years, impacting their ability to get new jobs or promotions, obtain and maintain security clearances, or obtain loans. Luckily, Virginia law allows certain individuals to clean their record through expungement.
At Moore, Christoff & Siddiqui, our experienced expungement lawyers help clients take advantage of this powerful legal remedy. Here’s what you need to know.
What is Expungement?
Expungement is a legal process that removes an arrest or criminal charge from public view. Once granted, your record is sealed from most employers, schools, and the general public. For most people wishing to view your criminal history, it is as though the charge never occurred.
However, Virginia does not currently allow for expungement of convictions (except in very limited circumstances). However, there are major developments in the law which could allow those convicted of marijuana offenses and other Class 5 or 6 felonies to be eligible for expungement.
Who is Eligible for Expungements in Virginia?
Under Va. Code § 19.2-392.2, you may qualify for expungement if you were:
- Charged but never convicted
- Found not guilty
- Had the charges dismissed
- Successfully completed a deferred disposition agreement
- A victim of identity theft, and someone else was arrested in your name.
Who is Not Eligible for Expungements in Virginia?
Currently, convictions cannot be expunged. However, some exceptions include juvenile offenses, pardons, and there are developments in the law allowing for broader eligibility for expungement.
How Does the Expungement Process Work?
Step 1: File a Petition
File an expungement petition in the Circuit Court where your case was handled. Each Circuit Court has its own process, but generally, your petition must include:
- Certified copies of the charge(s) to be expunged
- Your fingerprints
- A filing fee
Step 2: Serve the Commonwealth’s Attorney
They may object or consent to the expungement. If they object, a court hearing will be scheduled.
Step 3: Hearing (if required)
You (or your attorney) must show that retaining the record causes a manifest injustice.
Step 4: Court Decision
If your petition for expungement is granted, the record is sealed and removed from public databases.
What is Changing about Expungements?
Virginia’s Clean Slate Law will expand automatic and petition-based sealing of criminal records, including:
- Automatic sealing of dismissed charges
- Petition-based sealing for some misdemeanor and low-level felony convictions
- Restrictions on how sealed records can be accessed or used by employers and landlords
How Our Alexandria Expungement Attorneys Can Help You
Expungement in Virginia can be technical and procedural. Mistakes can lead to denial or delay. Our expungement lawyers offer:
- Case-by-case eligibility assessments
- Drafting and filing petitions
- Representation at expungement hearings
Our criminal defense attorneys have helped clients across Northern Virginia clean their records and reclaim their lives, including in Alexandria, Arlington, Fairfax, Loudoun, and Prince William Counties. Contact us today for a free consultation.
