Virginia Expungement Eligibility

Find out when expungement is available under Virginia law and
whether your case may qualify.

When Is Expungement Available in Virginia?

Virginia law allows expungement in limited circumstances. In most cases, expungement is available only when a criminal charge did not result in a conviction.Expungement allows a person to request that certain records of the charge be removed from public access.

Situations Where Expungement May Be Available

In Virginia, expungement may be available when a charge ended in one of the following ways:

Dismissed charges

Nolle prosequi

Not guilty (acquittal)

Stolen identity

When Expungement Is Not Available & How to Know If You Qualify

In most circumstances, convictions cannot be expunged in Virginia. If a person was convicted of the offense, expungement is generally not available under Virginia law.

However, some convictions may qualify for record sealing, which is a different form of record relief. You can learn more about the difference here:

 Expungement vs. Record Sealing in Virginia

Eligibility for expungement depends on the specific outcome of the case and the circumstances surrounding the charge. The first step is determining whether the case falls within one of the categories recognized by Virginia law.

Learn More About Record Relief in Virginia

You may also want to explore these related guides to better understand your options and the process:

 How to Expunge a Record in Virginia
 What Charges Can Be Expunged in Virginia
 Expungement vs Record Sealing in Virginia
 Virginia Record Sealing Eligibility