Learn the step-by-step process to remove eligible criminal records from public access under Virginia law.
Expungement in Virginia is a legal process that allows a person to ask the court to remove certain criminal records from public access.The process is governed by Virginia Code § 19.2-392.2, which sets out the steps required to file an expungement petition.Although the exact process can vary depending on the court and the facts of the case, expungement generally involves the following steps.
The first step is determining whether the case qualifies for expungement under Virginia law.
Step 2: Prepare the Expungement Petition
To begin the process, a petition must be filed with the circuit court in the jurisdiction where the charge was filed. The petition must include:
Step 3: File the Petition With the Court
The petition is filed in the circuit court, and a copy is provided to the Commonwealth’s Attorney for review. Some jurisdictions allow informal service; others require formal service.
Step 4: Fingerprinting
Petitioners are generally required to obtain fingerprints, which are forwarded to the Virginia State Police to prepare a criminal history report for the court.
Step 5: Court Review and Possible Hearing
After the criminal history report is received, the court reviews the petition. The Commonwealth’s Attorney may waive a hearing. Otherwise, the court schedules a hearing to determine whether expungement should be granted. Courts consider whether the continued existence of the record would cause a manifest injustice.
Step 6: Court Decision
If the petition is granted, the court enters an order of expungement directing the appropriate agencies to remove the record from public access. Once processed, the record will generally no longer appear on most background checks.
How Long the Process Takes
The timeline varies depending on the court and complexity of the case. Many cases take several months from filing until the record is expunged.
The first step in the expungement process is determining whether your case qualifies under Virginia law.This eligibility check can help determine whether expungement or record sealing may be available based on your situation.
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