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What Charges Can Be Expunged in Virginia

Learn which charges may qualify for expungement in Virginia based on how the case was resolved.

 

Expungement Depends on the Outcome of the Case

In Virginia, expungement eligibility is based on how a case ended, not the type of charge. No charges are excluded solely due to their nature.A charge may qualify for expungement if it did not result in a conviction, such as: dismissal, nolle prosequi, or not guilty (acquittal).Expungement may also be available in cases of stolen identity, even if it resulted in a conviction. In these situations, a person may petition the court under Virginia Code § 19.2-392.2.

 
 
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Why Expungement May Still Be Important After a Dismissal

Even when a case ends in dismissal or acquittal, the record of the charge may still appear on background checks.

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Expungement Is Not Limited to Certain Types of Charges

Because eligibility depends on the case outcome, expungement can apply to any type of charge if the case ended in a qualifying way.

For example, expungement may be available for charges such as:

  • Assault
  • Larceny
  • Drug offenses
  • Disorderly conduct
  • Trespass
  • Other misdemeanor or felony charges
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Charges That Resulted in a Conviction

In most situations, 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 type of record relief.

Determining Whether Your Case Qualifies & Learn More

Eligibility for expungement depends on the case outcome, surrounding circumstances, and whether the court approves the request.The best way to begin is to check if your case may qualify.This quick check can help determine whether expungement or record sealing may be available for your situation.You may also find these guides helpful:

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