Virginia Expungement Lawyer — Can Your Criminal Record Be Cleared?
A Virginia expungement lawyer from Law Offices Of SRIS, P.C. can help you clear your criminal record under Va. Code § 19.2-392.2. Expungement is a legal process to seal arrest and court records from public view. Our firm has handled expungement petitions across Virginia’s courts. Contact us for a consultation about your eligibility for a clean record.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Expungement in Virginia is governed by specific statutes that determine which records can be cleared. The process is not automatic and requires filing a formal petition in the court where you were charged. A Virginia expungement lawyer understands the procedural requirements and can advocate for the sealing of your record. Successfully clearing your record can improve job prospects, housing applications, and professional licensing opportunities.
Virginia Expungement Law and Process
Virginia law allows for expungement of police and court records only under certain conditions. The primary statute, Va. Code § 19.2-392.2, permits expungement for acquittals, dismissals, nolle prosequi (cases dropped by the prosecutor), and cases where the governor issues an absolute pardon. Records of convictions are generally not eligible for expungement, with very limited exceptions. The process begins with obtaining your official criminal history from the Virginia State Police. Your expungement attorney then prepares and files a petition in the appropriate circuit court, serves notice on the Commonwealth’s Attorney, and may need to schedule a hearing.
- Obtain your official Virginia criminal history record from the Virginia State Police.
- Consult with a Virginia expungement lawyer to confirm your eligibility under the statute.
- Your attorney drafts and files a Petition for Expungement in the correct circuit court.
- The court schedules a hearing, and if granted, orders all agencies to seal the records.
In Virginia, expungement is a legal remedy to seal records of arrests or charges that did not result in a conviction, helping you work toward a clean record.
| Eligibility Basis | Legal Standard | Process Outcome |
|---|---|---|
| Acquittal (Found Not Guilty) | Automatic eligibility after case conclusion | Records sealed from public access |
| Dismissal (Charge Dropped) | Eligible, including by nolle prosequi | Records sealed from public access |
| Absolute Pardon | Governor’s pardon for innocence required | Records may be sealed |
| Mistaken Identity | Petitioner must prove they are not the person charged | Records sealed if petition granted |
Results may vary. Prior results do not aim for a similar outcome.
Record Clearing Experience in Virginia
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have a documented record of assisting clients with the expungement process across Virginia. Our firm-wide case results across multiple states exceed 4,739 matters with a favorable outcome rate over 93%. We approach each expungement petition with a detailed understanding of Virginia’s statutory requirements and court procedures.
Our team, including experienced attorneys like Kristen M. Fisher, a former Maryland prosecutor, works to handle the petition process efficiently. We focus on gathering the necessary documentation, such as final disposition orders from the court, to build a strong petition for expungement.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients across Virginia seeking a record clearing lawyer. We offer 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Virginia Expungement Lawyer FAQ
Who is eligible for expungement in Virginia?
You are eligible if you were acquitted, the charge was dismissed (including nolle prosequi), you received an absolute pardon for innocence, or you were a victim of mistaken identity. Convictions are generally not eligible.
How long does the expungement process take in Virginia?
It depends. After filing the petition, the court must wait 21 days before a hearing can be held. The total timeline from filing to a judge’s order can range from 60 to 120 days, depending on the court’s schedule and whether the Commonwealth’s Attorney objects.
Will expungement completely erase my criminal record?
No. Expungement in Virginia seals records from public view but does not physically destroy them. Certain government agencies, like law enforcement and courts, may still access sealed records under specific circumstances.
Can I get a DUI expunged in Virginia?
No. Virginia law specifically prohibits the expungement of records for driving under the influence (DUI) convictions under Va. Code § 18.2-270.1.
How much does it cost to hire a Virginia expungement lawyer?
Attorney fees vary based on case complexity. There are also court filing fees and costs for obtaining your criminal history report. Our firm offers consultations by appointment to discuss your specific situation and provide fee information. Call (888) 437-7747.
For more information on court procedures, you can visit the Virginia Judicial System website.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney advertising. Prior results do not aim for a similar outcome.